LAST UPDATED: October 19, 2011
Please read this Terms of Use agreement (the “Agreement”) carefully. Your use
of the Site (as defined below) constitutes your agreement to this Agreement. If
you do not agree to all of the terms in this Agreement, do not use this Site!
This Agreement is between you (“you”) and FAIR Health, Inc. (“Company,” “we,” “us”)
concerning your use of the online site currently located at www.fairhealthconsumer.org
(together with any successor site(s), the “Site”). The term “Company” shall be deemed
to include the Company, its employees, officers, directors, shareholders, affiliates,
agents, representatives, licensors, suppliers and service providers. All rights
in this Site are exclusively reserved to the Company.
1. Acceptance of Terms.
The Site is made available
by Company subject to this Agreement. We reserve the right to update or make changes
to this Agreement from time to time in our sole discretion, which changes we may
provide to you by any reasonable means, including without limitation, by posting
the revised version of this Agreement on the Site. You can determine when this Agreement
was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement.
When using the Site you agree that you are subject to any additional posted guidelines,
rules, terms and conditions applicable to such use, which are hereby incorporated
by reference into this Agreement. We reserve the right, at any time and from time
to time, temporarily or permanently, in whole or in part, to modify or discontinue
the Site, with or without notice. You agree that neither we nor any of our licensors
shall be liable to you or to any third party for any modification, suspension or
discontinuance of the Site, in whole or in part, or of any service, content, feature
or product offered through the Site.
YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES
WILL INDICATE YOUR ACCEPTANCE OF SUCH CHANGES.
2. The Site contains educational information only and does not provide advice, legal or otherwise, regarding one's healthcare or healthcare insurance.
The Site contains educational information only and does not provide advice,
legal or otherwise, regarding one's healthcare or healthcare insurance. Any information
made available on the Site is not a substitute for conducting one's own due diligence
and exercising one's own independent judgment regarding healthcare or healthcare
insurance.
3. We Do Not Set Fees or Reimbursement Levels for Healthcare Services.
We are a 501(c) (3) tax-exempt organization with a mission to enhance the transparency
and neutrality of information about reimbursements rates for out--of-network care.
One of the ways we are committed to doing that is by making available information
on the estimated costs of healthcare services in various areas of the United States.
We are not determining, developing or otherwise establishing these costs or the
reimbursements of these costs and this Site should not be used to establish such
costs or reimbursements.
4. Information Submitted Through the Site.
Your submission
of information through the Site is governed by Company's Privacy Policy, which is
located at http://fairhealthconsumer.org/privacy (the “Privacy Policy”).
5. Limits of Use
Your use of the Site is conditioned
on your compliance with the limits on use set forth in this section and your failure
to comply with such rules may result in termination of your access to the Site pursuant
to Section 12 below. While using the Site you will comply with all applicable laws,
rules and regulations, and you will respect the rights and dignity of others. You
agree that you will not:
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Use the Site for any fraudulent or unlawful purpose.
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Interfere with or disrupt the operation of the Site or the servers or networks
used to make the Site available; or violate any requirements, procedures, policies
or regulations of such networks, including without limitation, by posting, transmitting,
or otherwise making available through or in connection with the Site, any virus,
worm, Trojan horse, East egg, time bomb, spyware, or other computer code, files
or program that is harmful or invasive or may, or is intended to, damage or hijack
the operation or, or to monitor the use of, any hardware, software or equipment.
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Restrict or inhibit any other person from using the Site (including without limitation
by hacking or defacing any portion of the Site).
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Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial
purposes, any portion of, use of, or access to the Site except for hyperlink access
in accordance with the terms of Section 8.
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Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
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Remove any copyright, trademark or other proprietary rights notice from the Site
or materials originating from the Site.
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Frame or mirror any part of the Site without Company’s express prior written consent.
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Create a database by systematically downloading and storing Site content.
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Use any robot, spider, site search/retrieval application or other manual or automatic
device to retrieve, index, “harvest,” "scrape," "data mine" or in any way gather
Site content or reproduce or circumvent the navigational structure or presentation
of the Site without Company’s express prior written consent.
Additionally, you acknowledge and agree that you (and not Company) are responsible
for obtaining and maintaining all telecommunications, broadband, and computer hardware,
equipment, and services needed to access and use the Site, and paying all charges
related thereto.
6. Accuracy of Information.
We attempt to ensure
that information on this Site is complete, accurate and current. Despite our efforts,
the information on this Site may occasionally be inaccurate, incomplete or out of
date. We make no representation as to whether the information on the Site is complete,
accurate or current.
7. Company's Proprietary Rights.
The information
and materials made available through the Site, are and shall remain the property
of Company and its licensors and suppliers, and are protected by copyright, trademark,
patent, and/or other proprietary rights and laws. Subject to your compliance with
this Agreement, and solely for so long as you are permitted by Company to access
and use the Site, you may view one (1) copy of any content on the Site to which
we provide you access hereunder on any single computer solely for your personal,
non-commercial home use, provided that you keep intact all copyright and other proprietary
notices. Except as expressly authorized in advance by Company in writing, you agree
not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative
works based (whether in whole or in part) on, all or any part of the Site or any
materials made available through the Site. Trade names, trademarks and service marks
of Company include without limitation, “FAIR Health,” “FH” and any associated logos.
All trademarks and service marks on the Site not owned by Company are the property
of their respective owners. The trade names, trademarks and service marks owned
by Company, whether registered or unregistered, may not be used in connection with
any product or service that is not ours, in any manner that is likely to cause confusion.
Nothing contained on the Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any of Company’s trade names, trademarks
or service marks without our express prior written consent.
8. Hyperlink Use and Disclaimer
If you or your
company has accessed this Site through the use of a hyperlink (collectively, “You”
or “Your”), You agree and acknowledge that You will follow the rules set forth below:
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a. All links shall link only to the FAIR Health Consumer site home page currently located at www.fairhealthconsumer.org.
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b. You shall not attempt to modify, alter or frame any content on the Site. We reserve
the right to review Your website at any time to ensure that the link is being used
appropriately.
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c. FAIR Health is a nonprofit corporation qualifying under section 501(c) (3) of
the Internal Revenue Code. Your use of a hyperlink shall not be construed to imply
sponsorship or endorsement by FAIR Health of You, Your website, or Your products.
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d. We do not necessarily review or approve of the content displayed on all websites
that have linked to this Site.
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e. Your website shall not include any description of FAIR Health or its products
without the prior written consent of FAIR Health.
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f. You agree that all FAIR Health proprietary trademarks, service marks and logos
(collectively, “Marks”), belong exclusively to FAIR Health and when You use these
Marks on Your website, You must comply with FAIR Health’s standards. Any such use
must be approved in writing by FAIR Health.
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g. If we object to the link between Your website and the Site for any reason in
our sole discretion, You agree to remove it within twenty-four (24) hours of receiving
notice from us.
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h. Your use of a hyperlink linking Your website with the FAIR Health Site is at Your own risk.
9. DISCLAIMER OF WARRANTIES.
THE SITE IS PROVIDED
TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE
USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS
OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. COMPANY AND ITS EMPLOYEES,
OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS,
SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT, AND TITLE.
10. LIMITATION OF LIABILITY.
COMPANY AND ITS
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES,
LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, USE, 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, COMPANY AND ITS
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES,
LICENSORS, SUPPLIERS AND SERVICE PROVIDERS 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 COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY
FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY
OF COMPANY 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 COMPANY TO ACCESS AND USE THE SITE, AND IN ANY CASE SHALL
NOT EXCEED $100.00.
11. Indemnity.
YOU AGREE TO DEFEND, INDEMNIFY
AND HOLD HARMLESS Company and its employees, officers, directors, shareholders,
affiliates, agents, representatives, licensors, suppliers and service providers,
from and against all claims, losses, costs and expenses (including attorneys’ fees)
arising out of (a) your use of, or activities in connection with, the Site (including
all Transactions); or (b) any violation of this Agreement by you.
12. Termination.
This Agreement is effective
until terminated. Company, in its sole discretion, may terminate your access to
or use of the Site, at any time and for any reason, including if Company believes
that you have violated or acted inconsistently with the letter or spirit of this
Agreement. Upon any such termination, your right to use the Site will immediately
cease. You agree that any termination of your access to or use of the Site may be
effected without prior notice. You agree that Company shall not be liable to you
or any third party for any termination of your access to the Site.
13. Jurisdictional Issues.
The Site is controlled
and operated by Company from the United States, and is not intended to subject Company
to the laws or jurisdiction of any state, country or territory other than that of
the United States. Company does not represent or warrant that the Site or any part
thereof is appropriate or available for use in any particular jurisdiction other
than the United States. In choosing to access the Site, you do so on your own initiative
and at your own risk, and you are responsible for complying with all local laws,
rules and regulations. You are also subject to United States export controls and
are responsible for any violations of such controls, including any United States
embargoes or other federal rules and regulations restricting exports. We may limit
the Site's availability, in whole or in part, to any person, geographic area or
jurisdiction we choose, at any time and in our sole discretion.
14. Governing Law.
This Agreement is governed by
and shall be construed in accordance with the laws of the State of New York, U.S.A.,
without regard to its principles of conflicts of law. Any dispute arising under
or relating to this Agreement shall be subject to the exclusive jurisdiction of
a state or federal court located in the County of New York in the State of New York,
and you agree to submit to the personal and exclusive jurisdiction and venue of
such courts.
15. Contact Us.
If you have any questions regarding
the meaning of application of this Agreement, please direct such questions to
info@fairhealthconsumer.org. Please
note that e-mail communications will not necessarily be secure.
16. Miscellaneous.
If any provision of this
Agreement is found to be unlawful, void or for any reason unenforceable, that provision
will be deemed severable from this Agreement and will not affect the validity and
enforceability of any remaining provision. You may not assign, transfer or sublicense
any or all of your rights or obligations under this Agreement without our express
prior written consent. This, together with all policies referred to herein, is the
entire Agreement between you and Company relating to the subject matter herein and
supersedes any and all prior or contemporaneous written or oral agreements or understandings
between you and Company relating to such subject matter. Notices to you may be made
via posting to the Site, by e-mail, or by regular mail, in Company's discretion.
The Site may also provide notices of changes to this Agreement or other matters
by displaying such notices or by providing links to such notices. Without limitation,
you agree that a printed version of this Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. Company will not be responsible for failures to fulfill any obligations due
to causes beyond its control.
Copyright © 2011 FAIR Health, Inc. unless otherwise noted. All rights reserved.