Effective Date: November 3, 2015
- About This Site
The Company is an online service provider that specializes in providing health insurance quotes and connecting you with professionals who can assist in health insurance plans. The Company does not endorse any particular health insurance plan, provider, or agent. Any information provided about any particular health insurance plan, provider, or agent shall not be construed as an endorsement by the Company. We are not a health insurance provider, plan, or agent, and simply act as an intermediary to assist you in connecting with certain professionals or plans. It is your responsibility to vet and choose any professional or plan, and we make no representations whatsoever regarding any professionals or plans.
The content of the Site as well as any materials provided by the Company, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of a qualified heath care professionals with any questions or concerns you may have regarding individual needs and any medical conditions. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information.
- Age and Residency Requirements
We do not knowingly solicit or collect information from anyone under the age of 13. The Services are offered and made available only to users 13 years of age or older who reside in the United States of America, its territories and possessions (“U.S.”) and certain features on this Site may be subject to heightened age and/or other eligibility requirements. No information should be posted by minor children under the age of 13 under any circumstances.
If you are not yet 13 years old (or the required greater age of 18 for certain features or postings), do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Site and Services immediately. By using or attempting to use the Site or Services, you certify that you are at least 13 years of age (or the required greater age of 18 for certain features) and meet any other eligibility and residency requirements of the Site and Services. If you become aware we have information about a child under the age of 13, please contact us immediately at email@example.com.
- Disclaimer Regarding Links.
- Rules of Conduct
You shall not use, allow, or enable others to use the Services, or knowingly condone use of the Services by others, in any manner that is, attempts to, or is likely to: be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; affect us adversely or reflect negatively on us, the Site, Services, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising or linking in connection with the Site be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Services by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Services, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
- User Postings
Portions of the Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, images, creative works or other information, messages, transmissions or material to us, this Site or other users (“Post” or “Postings”). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not the Company, are entirely responsible for the consequences of all Postings that you post, email, transmit, or otherwise make available via the Services.
The Company reserves the right to monitor, screen, and edit any Postings.
In no event shall the Company have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any posting does or may violate any terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to:
- refuse to allow you to Post; remove and delete Postings;
- revoke your right to use this Site;
- and/or use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses.
Postings do not reflect the views of the Company.
If a Posting originates from you, you hereby agree that:
- you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the Company, to use or refrain from using such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature;
- you represent and warrant that:
- the Posting is original to you or fully cleared for use as contemplated herein,
- the Posting does and will not, in any way, violate or breach any of the terms of this Agreement,
- the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation,
- the Posting is not obscene or in any other manner unlawful,
- the Posting shall not be injurious to the health of the user, and
- we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
- if your Posting incorporates the name, logo, brand, service or trademark, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant the Company, the right to use such Posting as described above;
- we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made); and
- you will not be entitled to any compensation because of the use or exploitation by us or any third party of any videos and other Postings you make to us or any ideas or concepts contained therein, and the submission of a Posting, and/or any posting or display thereof, is not any admission of novelty, priority or originality.
The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any Postings violates any of the terms of this Agreement (except for any notices covered by the Intellectual Property Infringement Notice Policy in paragraph 12), please send us a message about it by copying and pasting the Posting to firstname.lastname@example.org with the email subject heading: INAPPROPRIATE POSTING and the posting will be reviewed.
- 8. Trademarks and Trade Names
All trademarks, service marks, logos, graphics, domain names, meta tags, trade dress, and trade names applicable to the Company ‘s business, operations, facilities, products and services (collectively, ” the Company Intellectual Property”) are owned exclusively by the Company. The Company Intellectual Property may not be used in connection with any product or service that is not THE COMPANY ‘s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. Any unauthorized use of the Company’s Intellectual Property, without proper license agreements with the Company, is strictly prohibited.
All other trademarks, service marks, logos, graphics product names and company names not owned by the Companythat appear on this Site are the property of their respective owners.
- Copyrights – Posters’ Rights
All content Posted by you is owned by you and is the sole responsibility of the person originating the content. You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Postings submitted, posted, displayed, transmitted and/or exchanged to the Company, through this Site, and to incorporate any Postings in other works in any form, media, or technology now known or later developed.
- Content Use Restrictions
Any unauthorized use of the content included on this Site is prohibited by law and may result in civil and criminal penalties. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content (including, without limitation, any text, graphics, logos, buttons icons, images, audio clips, products, services or software) obtained from this Site. You may not frame, or use any framing technique to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, flash movie, page layout, or form) of the Company, without the express consent of the Company. You may not use meta tags or any other “hidden text” which utilize the Company, or any other derivative of our domain, company name or registered trademarks without the express written consent of the Company. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page or any Dynamic Deep Link (DDL) of this Site so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter
- Intellectual Property Infringement Notice Policy
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Company’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at email@example.com, or
Go Direct Lead Generation, LLC
900 Biscayne Blvd #401
Miami, FL 33132
You must provide our Agent with a Notice of claimed infringement that includes substantially the following information:
- an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest at issue (i.e., trademark);
- Identification of the copyrighted or trademarked work (or works) that you claim has (or have) been infringed;
- Describe the material on the Site that you claim is infringing, and the location of where the work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
- Clearly describe where the infringing material is located on our Site, including as applicable its URL, so that we can locate the material;
- Your full name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and;
- Any other information that will aid in our investigation (i.e., copyright registration, trademark registrations, etc.)
- A statement by you declaring under penalty of perjury that
- the above information in your Notice is accurate, and
(ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
SENDING US A COUNTER NOTICE IF YOUR POSTING WAS REMOVED BUT YOU BELIEVE IT IS NOT INFRINGING
If you posted material that was removed in response to a notice of infringement and you believe the material was removed due to mistake or misidentification, you may request us to replace the posting by sending us a counter notice to our Agent as shown above.
Your counter-notice must be a written communication and must include substantially the following information: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
When we receive a counter notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter notice to the person who sent the notice of infringement and waiting at least 10 business days for such person to respond.
- Liability Disclaimer
You use this Site and Services at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, APPLICATION, AND SERVICES, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS SITE, APPLICATION, AND SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION OR CONTENT, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, APPLICATION, AND SERVICES, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY, OR YOUR DISSATISFACTION WITH THIS SITE, APPLICATION, OR SERVICES, IS TO DISCONTINUE YOUR USE OF THE SAME.
- Warranty Disclaimer
You expressly understand and agree that this Site and Services are provided on an “as is” “as available” basis. the Company does not warrant that Site or Services will be uninterrupted or error-free, and the Company makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information or content available through the Site. the Company expressly disclaims any and all warranties of any kind with respect to the Site and Services and the information or content available through the Site, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose. The Site and Services are always subject to change.
You agree to defend and indemnify us and any of our affiliates, as well as our and their officers, directors, trustees, employees, agents, licensors, representatives and advertisers against any and all demands, claims and actions (including, without limitation, any claim you improperly downloaded, used, encoded, decoded, compressed, copied, displayed, broadcast, adapted, accessed, exported or transmitted any Content) (“Claims”). You also agree to hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys’ fees) resulting from your breach or violation of this Agreement or arising from or associated with any Post, Content, messages or materials you submit or otherwise make available or your violation of any law or regulation or infringement, misappropriation or violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise and you agree to fully cooperate with us.
- Disclosure of Your Information
We may be legally compelled to disclose certain Information that you provided to us or that we collected from you. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto, including but not limited to basic subscriber information associated with any accounts. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
- Changes to the Site
The Company retains title and ownership of the Site and may make changes or improvements to Site and Services at any time without notice.
Either party may terminate this Agreement at any time by notifying the other party. The Company may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, the Company may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to the Company or any third party.
- Governing Laws in Case of Dispute
We operate and control our Site and Services from our office located in the U.S. We do not represent that the Site or Services are appropriate for use in other locations. Persons who access or use the Site or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
All claims, controversies, disputes and other matters in question arising out of, or relating to these Terms, the breach hereof or the rights, privileges, responsibilities or duties between or among any one or more of the parties bound by these Terms, shall be decided by confidential arbitration in Broward County, Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then existing unless all of the parties to such claim, controversy or dispute or other matter in question unanimously agree to the contrary. You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action.
The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing its claim to our registered agent, Joseph Safina, Secured Health and Life Inc., 6600 NW 16th St., Ste. 5, Plantation, FL 33313.
The arbitrator or arbitrators for any proceeding conducted hereunder shall be a person with experience in Internet law that is selected in accordance with the commercial arbitration rules of the AAA. The parties will be entitled to conduct discovery in accordance with the provisions of Florida’s applicable code of civil procedure. The remedial authority of the arbitrator or arbitrators will be the same as, but no greater than, would be the remedial power of a court having jurisdiction over the parties and their dispute. The arbitrator or arbitrators will render a written opinion based on Florida law, and an award, which will be final and binding upon the parties (subject in each case to appeal for errors of law).
If any of the provisions of these Terms are not performed in accordance with the specific requirements of Terms or otherwise are breached, immediate and irreparable harm or injury may be caused which could not be adequately compensated by an award of money damages. Accordingly, a party may apply for and obtain specific performance, temporary or preliminary injunctive relief from a court of competent jurisdiction pending completion of an arbitration of a disputed matter pursuant to these Terms, and such application shall not be deemed incompatible with the parties’ agreement to arbitrate such disputed matter or a waiver of any party’s right to arbitrate such disputed matter.
Any judgment upon the award rendered by the arbitrator may be entered in any state or federal court located in Florida and having jurisdiction of the matter. The arbitrator or arbitrators will have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a disputed matter, subject to any waivers, if any, of such remedies made by any party pursuant to these Terms. The parties agree to submit to the in personam jurisdiction of the state courts of the State of Florida or the federal courts of the State of Florida for purposes of confirming any such award and entering judgment thereon. The parties waive any and all objections that they may have as to jurisdiction or venue in any of the above courts.
Except as provided to the contrary herein, the fees and expenses related to the services provided by the arbitrators and the AAA in connection with any arbitration proceeding hereunder shall be paid one-half by each party to such arbitration proceeding.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Any cause of action which you may have with respect to the Site or Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
- Entire Agreement