Effective Date: This TOU is effective as of 09/29/14.
Use of Website: By using this Website, you represent that you are at least eighteen (18) years of age and are a resident of the United States. If you are under eighteen (18) or not a U.S. resident, do not use this Website. CaliforniaChoice does not intend to market any products or services to children and does not knowingly collect personal information from children under the age of thirteen (13) through this Website. This Website is provided for your informational, non-commercial use. You may view, use and download small portions of the content (including without limitation text, graphics, software, audio and video files and photos), provided that you leave all the copyright notices or other proprietary notices intact. You may not store, modify, reproduce, transmit or distribute content from the Website without the prior written consent of CaliforniaChoice. CaliforniaChoice may change or restrict your use of this Website and/or make changes to the products and services described on the Website at any time without notice.
Products/Services Offered on Website: This Website is not intended to be a solicitation for insurance to persons outside of the State of California. You may not be eligible for all of the insurance products or services described in this Website. CaliforniaChoice and its affiliates reserve the right to determine all eligibility for such products or services.
Information Contained on Website: The information contained on this Website is not intended as professional, medical, or legal advice. CaliforniaChoice makes no warranties or representations related to the information contained on this Website and disclaims all liability for errors or omissions in the information presented. CaliforniaChoice does not recommend or endorse any specific insurance company and does not provide advice on which insurer to select or which products to buy. The insurance quotations obtained by use of this site do not constitute an offer of insurance and are subject to the approval of the respective insurance providers. No contract for the provision of a policy of insurance is formed by the use of this Website.
Disclaimer of Warranties: THIS WEBSITE AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. CALIFORNIACHOICE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY MATERIALS YOU MAY OBTAIN ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Disclaimer of Liability: YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. CALIFORNIACHOICE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE WEBSITE MATERIALS (REGARDLESS OF WHETHER CALIFORNIACHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU, INCLUDING, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE WEBSITE MATERIALS.
Trademarks: The names CaliforniaChoice®, CalChoice®, and other marks including without limitation, "Your Health, Your Choice®", "Healthcare for the Way We Live®", "Life is Good When You Have Choice®" and "Welcome to Freedom of Choice" are protected marks of CaliforniaChoice. Unauthorized use of trademarks, service marks or logos owned by CaliforniaChoice®may be a violation of federal and state trademark laws.
Copyright: This Website is protected by U.S. copyright laws. Except as expressly provided under the "Use of Website" section above, you may not use, reproduce, modify, transmit, distribute or publicly display this Website without the prior written consent of CaliforniaChoice.
Governing Law: The TOU shall be governed in all respects by the laws of the State of California, USA, without reference to its choice of law rules. By accessing this Website you understand and agree that all transactions take place in Orange County, California and agree that the Orange County Superior Court has exclusive jurisdiction over any disputes with CaliforniaChoice arising from or related to your use of this Website or any of the services offered on this Website. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or it is barred as a matter of law.
Dispute Resolution: Any controversy or claim arising out of or relating to the TOU or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Third Party Links: This Website contains links to third party websites. CaliforniaChoice makes no representations regarding the content or accuracy of any website that you may access through this Website, including links to third party websites. CaliforniaChoice does not monitor and is not responsible for the content found on other websites that are linked from this Website. CaliforniaChoice does not imply endorsement, recommendation or sponsorship for any linked website or the services, products or advice described therein. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of CaliforniaChoice.
Internet Security: CaliforniaChoice has made reasonable efforts to secure information sent through this Website but makes no warranties or representations regarding the security of this data. Data sent over the Internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the Internet.
Username and Password: You are required to have a username and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of your user name and password and are responsible for all uses of them, regardless of whether the uses were authorized by you. CaliforniaChoice prohibits the transfer or sharing of usernames and passwords. You agree to immediately notify CaliforniaChoice of any unauthorized use of your username or password or any other breach of security or privacy.
Linking to the Website: You may not link to the Website prior to (i) executing a link agreement and (ii) obtaining written permission from CaliforniaChoice. You may obtain a link agreement by emailing: Legal@CalChoice.com.
Contacting CaliforniaChoice®: If you have Website questions, comments, or concerns, please email WebHelp@CalChoice.com. Please include details of your questions, comments or concerns including your complete name and contact information.
Headings: The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this agreement.