Terms and Conditions
By using or accessing Obamacareplanusa.com (the “Site“), or any of the Site’s Content (as defined below), you acknowledge that you agree to and are subject to the following terms and conditions (the “Terms“). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and the owner of the Site (“us” or “our“). You covenant, represent and warrant that you have any and all authorizations as may be necessary to enter into this agreement and that your use of the Site, including provision or use of any Content, does not violate any applicable law.
Our Service
Accessing our Site
You may only use the Site if you live in the United States and are at least 18 years old. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site. We may also impose limits on certain features of the Site or restrict your access to part of or the entire Site, without notice or penalty. ObamacareplanUSA’s does not charge users for use of the Site.
User Data; Consent to Contact
In the course of your use of the Site, you may be asked to provide information or materials to us (“User Data”). User Data includes, for example, the information you submit to us via your application to receive quotations. Our information collection and use practices with respect to User Data are set forth in our Privacy Policy which is incorporated herein by reference for all purposes. Please read our Privacy Policy before submitting any User Data. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Data. We cannot be responsible for maintaining any User Data that you provide to us, and we may delete or destroy any such User Data at any time. We reserve the right to refuse to post or to remove any User Data, in whole or in part, that, in our sole discretion, is unlawful, unacceptable, undesirable, inappropriate or in violation of these Terms of Use. By providing your contact information to us through the Site, you are registering to receive communications from us directly, on our website or through a third party. We will periodically send you newsletters and other e-mails with offers and promotions. We may also contact you by telephone using an automated dialing system along with a pre-recorded message or interactive voice response system. If you no longer wish to receive these communications, please let us know by sending an email to ObamacareplanUSA’s Customer Care at https://HealthInsurerQuotes.com/contact-us/. You may also opt-out by clicking on the unsubscribe link in our emails. In addition, by submitting a request for quotes through the Site, you consent to be contacted by the service providers in our network via email or telephone. Once your information is submitted to these service providers, any request to opt-out or unsubscribe from their communications must be directed to such service providers.
Exclusive Ownership of Rights
The Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by intellectual property laws in applicable jurisdictions. You acknowledge and agree that information and materials presented through the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, in whole or in part. Any commercial use of the Site, or any portion thereof, by you is strictly prohibited. ObamacareplanUSA’s grants you a personal, non-transferable and non-exclusive right and license to use the Site on a computer or other Internet device; provided that you do not (and do not allow any third party to) copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials on the Site. You agree not to modify the Site in any manner or form, nor to use modified versions of the Site for any purpose. We do not grant any license or other authorization to any user to use our trade names, trademarks, service marks or other marks or logos or those of our partners without our separate express written agreement. Third-party marks are the property of their respective owners. Any questions, comments, suggestions, or materials submitted to us through the Site will become our sole property. We will own all rights in such materials and have the unrestricted right to use, publish and otherwise disseminate such information for any purpose, without attribution or compensation.
DISCLAIMER OF WARRANTIES
The information and services on this Site are provided “as is” and for informational purposes only. ObamacareplanUSA’s makes no representations or warranties that the Site will be suitable for your needs, is complete, timely, reliable, or free from errors, inaccuracies or typographical mistakes. ObamacareplanUSA’s disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose or non-infringement of the rights of others. We do not warrant that the Site will be free of errors or viruses, worms or other destructive or harmful code.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HEALTHINSURERQUOTES OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE SERVICES OFFERED HEREBY, OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISDICTIONS OR TO ALL USERS. IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USE OF THE SITE.
Links from our Site
ObamacareplanUSA‘s provides links to other sites for informational purposes only. We have no responsibility for the accuracy or availability of information provided by other sites to which you may link from the Site. The availability of these links does not constitute an endorsement of or association with such sites or the content, products, advertising or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on such sites.
Updates
These Terms of Use are subject to change from time to time and at any time, and such changes will be effective upon posting to the Site. Use of the Site following any modifications to the Terms of Use signifies your acceptance of such modifications.
Applicable Laws
The Site and these Terms of Use are governed by the laws of the State of New York without giving effect to any principles of conflict of laws. If any provision of these Terms of Use shall be held to be invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired thereby. Any dispute arising from your use of this Site shall be brought exclusively in the appropriate state or federal courts of the State of New York. Persons who choose to access this Site 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. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Updated January 2018
Arbitration Agreement
Any dispute or claim relating in any way to your use of this website, including any related calls texts or other communications, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This includes claims against our clients, vendors, and Marketing Partners, which are third party beneficiaries of this arbitration agreement. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms as a court would.
The arbitration may be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.