OWNERSHIP: The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website (“Company Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of the Company and various third party owners. You agree to abide by all applicable laws and regulations including intellectual property laws and any additional restrictions set forth on the Website in relation to the Company Content.
LIMITED LICENSE / PERMITTED USES: Provided you are eligible to use the Website, you are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website strictly in accordance with this Agreement; (b) to use the Website solely for internal, personal, non-commercial purposes; (c) to print out discrete portions of Company Content from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein; (d) download, install, and use the Mobile Application on a single compatible mobile or wireless device owned or otherwise controlled by you strictly in accordance with this TOU. Devices modified contrary to the manufacturer’s software or hardware guidelines are not compatible mobile or wireless devices. Company does not warrant that the Website will be compatible with your mobile or wireless device. Your use of the Website may be subject to your agreements with your mobile device manufacturer and carrier. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
USE OF WEBSITE: By using the Website, you represent that you are at least 18 years old and are a resident of the United States. If you are under 18 or not a U.S. resident, do not use the Website. The Company does not intend to market any products or services to children and does not knowingly collect personal information from children under the age of 13 through the Website. You may not store, modify, reproduce, transmit or distribute content from the Website or adapt or otherwise create distributive works or improvements, whether or not patentable, of the Website without the prior written consent of the Company. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any part of the Website; use the Website for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Website; The Company may change or restrict your use of the Website and/or make changes to the products and services described on the Website at any time without notice. You also agree not to use the Website for any unlawful purpose or in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of company, its affiliates or service providers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means. You may not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. You may not make available the Website to any third party for any reason. Certain third party owners may impose additional terms and conditions set forth elsewhere herein. Your use of Company Content from those third party owners is also subject to those terms and conditions. Any and all caching, hypertext linking to the Website or framing of any Company Content is prohibited without the Company’s prior written consent. The Company reserves the right to disable any unauthorized links or frames.
INFORMATION CONTAINED ON WEBSITE: The information contained on the Website is not intended as professional, medical, or legal advice. The Company makes no warranties or representations related to the information contained on the Website and disclaims all liability for errors or omissions in the information presented. The Company 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 the Website 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 the Website. You are advised to seek the advice of professionals, as appropriate, regarding the evaluation of any specific, report, quote, opinion, advice or other material on the website.
SERVICES OFFERED ON WEBSITE: The Website provides user resources, including various communications tools and communication resource management services (“Service”). You also
understand and agree that the Service may include advertisements and that these advertisements
are necessary for Company to provide the Service. You also understand and agree that the Service may include certain communications from Company including, without limitation, service announcements, administrative messages and marketing messages, and that these communications are considered part of Website membership and you will be able to opt out of receiving them. Unless explicitly stated otherwise, any new features or modifications related to the Service shall be subject to the TOU.
DISCLAIMER OF WARRANTIES: The Website, the Website content and any products or services available through the website are provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, systems integration, accuracy, and non-infringement. The Company makes no representations or warranties that use of the Website, the Website content or products or services will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Website content you may obtain are free of viruses or any other harmful components.
LIMITATION OF LIABILITY: Your use of the Website is at your own risk. In no event shall the Company or any third party provider or any of their respective affiliates, officers, directors, employees, agents or licensors be liable for any claim arising out of or relating to the Website, the Services, Company Content, or User Content, whether based in contract, tort, negligence, strict liability or otherwise, including, but not limited to, any decision or action taken in reliance upon any Company Content, any delays, errors, omissions or interruptions in delivery, negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website or the Website content, or for any types of damages or liability, even if advised of the possibility of such damages.
EXCLUSION OF CONSEQUENTIAL DAMAGES / FURTHER LIMITATION OF LIABILITY: In no event shall Company or any third party provider or any of their respective affiliates, officers, directors, employees, agents or licensors be liable to you or to anyone else for any direct, special, incidental, indirect, punitive, consequential damages or any other loss or injury caused in whole or in part in relation to the website, the Services, the Company Content or the User Content. 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 the above limitations in the “Disclaimer of Warranties” and “Disclaimer of Liability” sections may not apply to you. In those circumstances, as well as any other where liability occurs, you acknowledge that the entire liability of Company under this TOU, or any matter relating to this TOU, regardless of the form of any claim or action or theory of liability (including contract, tort, or warranty) shall not exceed One Thousand Dollars ($1000) and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.
UPDATES: The Company may from time to time in its sole discretion develop and provide Mobile Application updates, which may include upgrades, bug fixes, patches or other error corrections, and/or new features (collectively, including related documentation (“Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular feature of functionality. Based on your mobile device settings, when your mobile device is connected to the Internet either:
(a) the Mobile Application will automatically download and install all available
(b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Mobile Application or portions thereof may not operate properly should you fail to do so. You further agree that all Updates will be deemed a part of this TOU and be subject to its terms.
INDEMNIFICATION: You agree to defend, indemnify and hold harmless Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content or Submission you submit, transmit or otherwise make available through the Service, your use of the Service or Company Content, your connection to the Service, your violation of the TOU, your use or misuse of the Website, or your violation of any rights of another party.
TRADEMARKS: The names CaliforniaChoice®, Choice Builder®, and Choice Administrators® are protected marks. Unauthorized use of trademarks, service marks or logos owned by the Company is strictly prohibited and may also be a violation of federal and state trademark laws.
COPYRIGHT: The Website is protected by U.S. copyright laws of the Company, its affiliates, and certain third party providers. Except as expressly provided under “Use of Website” section above, you may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or Company Content without the prior written consent of the Company. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and email address;
(e) 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
(f) A statement by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright
infringement on the Website can be reached by directing an e-mail to the Copyright Agent at
firstname.lastname@example.org, or by letter sent postage prepaid to Choice Administrators Insurance Services, Inc., 721 South Parker Street, Suite 200, Orange, CA 92868, attention: Jeff Compangano, Copyright Agent.
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 the 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 the Company arising from or related to your use of the Website or any of the services or Company Content or User Content on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of that court, and you irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
STATUTE OF LIMITATIONS: Except for claims arising from your misuse of the Website or Company Content, 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 the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. Third Party Links: The Website may contain links to third party sites. The Company makes no representation regarding the content or accuracy of any site that you may access through the Website. The Company does not monitor and is not responsible for the content found on other sites that are linked from the Website. The Company does not imply endorsement, recommendation or sponsorship for any linked site or the services, products or advice described on the site, and the Company shall have no liability for its content, including its accuracy, subject matter, quality or timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of the Company.
THIRD PARTY SERVICES: We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our Website. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
SECURITY: The Company does not make warranties or representations regarding the security of
Company Content or User Content. 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.
USER ID AND PASSWORD: You are required to have a user ID and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by you. The Company prohibits the transfer or sharing of user IDs and passwords. You agree to immediately notify the Company of any unauthorized use of your user ID or password or any other breach of security.
LINKING TO THE WEBSITE: You may not link to the Website prior to obtaining written permission from the Company, which may be withheld in Company’s sole discretion.
INFORMATION AND PRESS RELEASES: The Website contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
YOUR REGISTRATION OBLIGATIONS: In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (“Registration Data”) and (b) 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 the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
INTERSTATE NATURE OF COMMUNICATIONS ON WEBSITE: When you register with the Website, you acknowledge that in using Services to send electronic communications, you will be causing communications to be sent through the Company’s computer networks. As a result, and also as a result of the Company’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the TOU, you acknowledge that use of the Service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you access the Website from a region of the world other than the United States, with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Website identification), use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE: You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to modify these general practices and limits from time to time.
TERMINATION: You agree that Company may, in its discretion, and without prior notice, immediately terminate your Website account, any associated email address, and access to the Service. Upon Company’s termination of your Website account, you must cease all use of the Website and delete all copies of the Mobile Application from your mobile device and wireless electronic device.
NO THIRD PARTY BENEFICIARIES: You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
WAIVER: No waiver of any term of this TOU shall be deemed a further or continuing waiver of that term or any other term. The Company’s failure to assert any right or provision under this TOU or any other Agreement shall not constitute a waiver of that right or provision.
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 TOU.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES: Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions, initiated or completed by us or via the Website. You hereby waive any rights or requirements under any law or regulation in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than non-electronic means.
Contacting The Company: If you have Website questions, comments, or concerns, please email email@example.com. Please include detail of your questions, comments or concerns and your complete name and contact information. You may also call the Help Desk at (877) 440-9469.