Terms of Use
LEGAL NOTICES AND TERMS OF USE
THESE TERMS OF USE (ALSO REFERRED TO HEREIN AS THE "AGREEMENT")
GOVERN YOUR USE OF THE WEBSITE (AS DEFINED BELOW). BY ACCESSING
THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF
THESE TERMS OF USE (YOU MAY ALSO HAVE ACCEPTED THESE TERMS OF USE
IN OTHER WAYS). THESE TERMS OF USE ARE SUBJECT TO CHANGE BY DIGITAL
INSURANCE, INC. AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE
WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE
TERMS OF USE REGULARLY.
I. DEFINITIONS
A. "Digital Insurance" means Digital Insurance, Inc., and any
and all subsidiaries.
B. "Digital Insurance Website" or "Website" means all websites,
and all subsequent pages made available by or through such
websites, owned or operated by Digital Insurance or its
subsidiaries. Please note, however, that the Digital Insurance
Website may contain links to third party URLs. Once such a third
party link has been accessed, a user is no longer accessing the
Digital Insurance Website.
C. "You" and "Your" means you, an individual user entering into
this Agreement, or the entity on whose behalf you enter into this
Agreement.
II. YOUR USE OF THE DIGITAL INSURANCE WEBSITE
A. Your use of the Digital Insurance Website shall be governed
exclusively by the terms of this Agreement.
B. The Website includes original works of authorship (including,
but not limited to, derivative works based on graphical scans or
typed text of public domain materials) that are both proprietary
and intellectual properties of Digital Insurance or its suppliers
and are protected by both the terms of this Agreement as well as
domestic and foreign contractual and intellectual property laws
including but not limited to copyright, trademark, patent, and
trade secret laws.
1.Copyright. All content included on this site, such as text,
graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of
Digital Insurance, its suppliers, or Digital Insurance's, or its
suppliers', licensors and is protected by United States and
international copyright laws. The compilation of all content on
this site is the exclusive property of Digital Insurance and
protected by U.S. and international copyright laws. All software
used on this site is the property of Digital Insurance, its
suppliers, or Digital Insurance's, or its suppliers', licensors,
and is protected by United States and international copyright laws.
The respective owners and licensees of any copyrights included in
the Website retain and reserve all of their rights related to such
copyrights.
2.Trademark. "Digital Insurance", Digital Insurance®, and
Simplifying the Health Care Journey, are registered service marks
of Digital Insurance, Inc. with all rights reserved. The Website
may include these and other registered or unregistered trademarks
or service marks of Digital Insurance, its suppliers, or Digital
Insurance's, or its suppliers', licensors. The respective owners
and licensees of any marks included in the Website retain and
reserve all of their rights related to such marks.
3. Patent. One or more patents may apply to the Digital
Insurance Website and to the features and services accessible
therein, including U.S. and foreign patents.
4. Trade Secret. The Digital Insurance Website may contain
software or other information that is confidential and proprietary
to Digital Insurance, and/or protected by the trade secret laws of
the individual states of the United States and of foreign
countries. As part of Digital Insurance's efforts to maintain the
secrecy of such information, You are prohibited from decompiling,
reverse engineering and/or disassembling any portion or the whole
of the Digital Insurance Website.
C. To the extent that You receive software from Digital
Insurance from Your use of the Digital Insurance Website, such
software is deemed part of the Digital Insurance Website.
D. Digital Insurance grants to You a non-exclusive and
non-transferable license to:
1. Use the Digital Insurance Website as provided herein, until
this Agreement is terminated;
2. Access, load, store and operate the Digital Insurance Website
with browser software; and
3. Display, download and print portions of the Digital Insurance
Website to investigate and/or purchase product(s) and/or
service(s), subject to the limitations in this Agreement.
E. Notwithstanding the above, you shall NOT, without the prior
written consent of Digital Insurance:
1. Decompile, reverse engineer, disassemble and/or create
derivative works from the Digital Insurance Website;
2. Remove or obscure any proprietary notices including, but not
limited to, any and all copyright, trademark and patent
designations contained in the Digital Insurance Website;
3. Upload, post, email, transmit, publish, re-publish,
distribute, display or otherwise make available the Digital
Insurance Website to any third parties;
4. Use the Digital Insurance Website for any commercial,
financial or other beneficial purpose, including, but not limited
to, advertising, the exploitation, rental, lease, sale or resale of
the Digital Insurance Website;
5. For a period of more than twenty-four (24) hours, cache or
otherwise temporarily store the Digital Insurance Website or
component thereof, on any server or other device used to
communicate with individual personal computers or personal devices.
Such limitation does not include cache which is automatically
stored by an individual personal browser application;
6. Store the accessed, used, or downloaded Digital Insurance
Website in any electronic, magnetic, optical or other format now
known or hereinafter created for more than thirty (30) days;
7. Assign, rent, lend, lease, sell, sublicense, transfer, export
from the United States, copy, reproduce, modify, adapt, translate,
reverse engineer, decompile, disassemble, extract components or
create derivative works of the Website; or
8. Remove, modify, hide or otherwise make unreadable or
non-viewable any notice, legend, advice, watermark or other
designation contained on the Website, component thereof or output
there from.
9. (a) Co brand the Website, (b) frame the Website, or (c)
hyper-link to the Website, or authorize or engage any other party
to do any of the foregoing, without the express prior written
permission of an authorized representative of Digital Insurance.
For purposes of this Agreement, "co-brand" or "co branding" means
to display a name, logo, trademark, or other means of attribution
or identification of any party in such a manner as is reasonably
likely to give a user the impression that such other party has the
right to display, publish, or distribute this site or content
accessible within this site. You agree to cooperate with Digital
Insurance in causing any unauthorized co-branding, framing or
hyper-linking immediately to cease.
F. You shall not interrupt, or attempt to interrupt, the
operation of the Website in any way.
G. The Website may include technological protection measures
that effectively control access, reproduction or distribution of
the proprietary or intellectual properties accessible through the
Website. Any attempt to tamper or dismantle these protections is a
breach of this Agreement, and may be a violation of the Digital
Millennium Copyright Act of 1998, and may subject the violator to
civil and criminal penalties.
H. Content in the Website that is used or referenced in any
print or electronic media must be done in accordance with generally
accepted standards, and must provide for proper attribution to
Digital Insurance.
I. Links to and from other websites: The Digital Insurance
Website may contain links to other websites, and other websites may
contain links to the Digital Insurance Website, such websites not
being owned by, or under the direct control of, Digital Insurance
("Linked Websites"). The linked websites are not under the control
of Digital Insurance, and Digital Insurance does not endorse, and
is not responsible for, the functionality of the links to or from,
content or applications provided by or through, or privacy policies
or other agreements included in, a Linked Website. Digital
Insurance is not responsible for licensing to You any content or
application provided by or through a Linked Website, and Your use
of content or application(s) provided by or through Linked Websites
is governed solely by Your agreement, if any, with the owner and/or
provider of the Linked Website. You use Linked Websites, and links
to and from any third party website, at Your sole risk. For
example, Digital Insurance is not responsible for, without
limitation, any incorrect data, errors in computation, improper
transmission of data, or a security breach resulting from Your use
of a Linked Website or a link to or from a Linked Website. Digital
Insurance provides links to You only as a convenience.
J. The Website may contain testimonials from customers of
Digital Insurance or its agents. Testimonials are not
representative of everyone's experience and only provide
information about the individual's experiences as to the point in
time when they are provided. Testimonials do not necessarily
represent typical or expected results. All testimonials are
authentic. Testimonials may be edited for clarity or brevity. All
claims have been documented and verified for accuracy. No one has
been paid to provide a testimonial on the Website. Individual
results will vary.
K. You hereby grant to Digital Insurance 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
content, remarks, suggestions, ideas, graphics, or other
information communicated to Digital Insurance through this site
(together, the "Submission"), and to incorporate any Submission in
other works in any form, media, or technology now known or later
developed. In general, unless an exception is noted when a
Submission is made, or unless an exception exists under applicable
law, regulation, or Digital Insurance's privacy policy found here
/policies.aspx, Digital Insurance will
not be required to treat any Submission as confidential, and may
use any Submission in its business (including without limitation,
for products or advertising) without incurring any liability for
royalties or any other consideration of any kind, and will not
incur any liability as a result of any similarities that may appear
in future Digital Insurance operations.
L. Digital Insurance may receive information relating to an
application for an insurance policy via the Website even though
Digital Insurance does not have the authority to bind the insurance
policy applied for or to provide coverage. You acknowledge that the
submission of an application for insurance via the Website may not
result in Your obtaining insurance coverage.
III. YOUR REPRESENTATIONS & WARRANTIES
You represent, warrant and covenant that:
A. You are of a proper age to enter into this Agreement.
B. You are entering this Agreement with a sound mind and not
under duress or emotional distress.
C. Any information that You have or shall provide to Us through
the Website is true and accurate, and You shall modify such
information as necessary or appropriate to maintain the accuracy of
the information.
D. You shall at all times comply with all applicable laws, rules
and regulations with respect to Your use of the Digital Insurance
Website and with respect to any product or service related
thereto.
E. You shall not use the Digital Insurance Website to infringe,
misappropriate or violate any rights of Digital Insurance and/or
any third party, including, but not limited to any customer of
Digital Insurance or any entity associated with or visiting the
Digital Insurance Website.
F. You shall comply at all times with this Agreement, including
any modifications to this Agreement and/or the Agreements to which
there is or may in the future be a link and a reference herein. The
issue of Modification is set forth in Section 5, below.
IV. PRIVACY
With respect to information collected through the Website,
Digital Insurance shall adhere to the Privacy policy found here /policies.aspx.
V. MODIFICATIONS
A. To the Agreement. We have the right to modify this Agreement
and any other Agreement or policy referenced in the Website or
linked to in the Website. No notice is required for any such
modification. Any modification is effective immediately upon
posting to the Website. Your continued use of the Website following
posting of any modification(s) to this Agreement shall be
conclusively deemed an acceptance of all such modification(s). Your
only remedy with respect to any dissatisfaction with any
modifications is to cease use of the Website.
B. To the Digital Insurance Website. We have the right to
modify, suspend or discontinue the Website or any portion thereof
at any time, including the availability of any area of the Website.
We may also impose limits on certain features and services or
restrict Your access to parts or all of the Digital Insurance
Website without notice or liability.
VI. DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
WITHOUT LIMITATION, WE DO NOT WARRANT THAT (A) THE FUNCTIONS
CONTAINED IN THE DIGITAL INSURANCE WEBSITE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (B) THE DIGITAL INSURANCE WEBSITE,
INCLUDING THE SERVERS ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION,
INCLUDING YOUR MEDICAL INFORMATION, WILL NOT BE DISCLOSED OR (D)
INFORMATION PROVIDED IN THE WEBSITE IS COMPLETE, ACCURATE,
ERROR-FREE, OR UP-TO-DATE.
VII. LIMITATIONS ON LIABILITY
USE OF THE DIGITAL INSURANCE WEBSITE IS AT YOUR SOLE RISK. YOU
ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE
OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR
INFORMATION, INCLUDING YOUR MEDICAL INFORMATION, INTO THE DIGITAL
INSURANCE WEBSITE. DIGITAL INSURANCE SHALL NOT BE LIABLE TO YOU OR
ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT
OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OF DIGITAL INSURANCE.
SPECIFICALLY, DIGITAL INSURANCE SHALL NOT BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR
USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE,
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT,
ATTORNEYS FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER
INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
VIII. LIMITATION OF DAMAGES
THE LIABILITY OF DIGITAL INSURANCE, IF ANY, ARISING OUT OF ANY
KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY
WAY CONNECTED WITH THE DIGITAL INSURANCE WEBSITE OR THE INSURANCE
PRODUCT(S) OR INSURANCE SERVICE(S) OFFERED THEREIN IS LIMITED TO
THE MINIMUM AMOUNT ALLOWABLE BY LAW AND IN NO EVENT SHALL IT EXCEED
ONE DOLLAR ($1.00).
IX. TERM & TERMINATION
A. This Agreement shall continue until terminated by Us or until
You notify Us in writing, either via mail, email or fax, of Your
decision to terminate this Agreement.
B. Termination shall take effect within thirty (30) days of
receipt of your request and we shall send you written confirmation
thereof. A written confirmation shall be required from us as proof
that a notice of termination was in fact received from You.
Moreover, upon termination of this Agreement, You are still bound
by the Provisions of Sections 2-4, 6-8 and 15.
C. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE
TO YOU, YOU MAY TERMINATE THIS AGREEMENT IN WRITING EITHER VIA
E-MAIL, FACSIMILE OR REGULAR MAIL. YOUR CONTINUED USE OF THE
DIGITAL INSURANCE WEBSITE OR CONTINUED USE OF ANY OF OUR INSURANCE
PRODUCT(S) OR INSURANCE SERVICES(S) FOLLOWING THE POSTING OF NOTICE
OF ANY CHANGES IN THIS AGREEMENT, SHALL INDICATE ACCEPTANCE BY YOU
OF SUCH RULES, CHANGES, OR MODIFICATIONS AND CONTINUATION OF THIS
AGREEMENT.
D. EITHER YOU OR WE MAY TERMINATE THIS AGREEMENT AT ANY TIME.
YOU UNDERSTAND AND AGREE THAT TERMINATION IS YOUR SOLE RIGHT AND
REMEDY WITH RESPECT TO ANY DISPUTE WITH US. THIS INCLUDES, BUT IS
NOT LIMITED TO, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (1) ANY
TERM OR CONDITION CONTAINED IN OR REFERENCED IN THIS AGREEMENT; (2)
ANY POLICY OR PRACTICE OF DIGITAL INSURANCE; (3) ANY DISCLOSURE OR
USE OF YOUR INFORMATION, INCLUDING MEDICAL INFORMATION; AND (4)
YOUR ABILITY TO ACCESS AND/OR USE THE DIGITAL INSURANCE
WEBSITE.
E. If We terminate this Agreement, We reserve the right to
refuse to provide any Insurance Product or Insurance Service to You
in the future.
X. MISCELLANEOUS
A. SEVERABILITY. If any provision of this Agreement is found by
any court of competent jurisdiction to be invalid or unenforceable,
the invalidity of such provision shall not affect the other
provisions of this Agreement, and all provisions not affected by
such invalidity shall remain in full force and effect.
B. WAIVER. The waiver by either party of a breach or default in
any of the provisions of this Agreement by the other party shall
not be construed as a waiver of any succeeding breach of the same
or other provisions; nor shall any delay or omission on the part of
either party to exercise or avail itself of any right, power or
privilege that it has or may have hereunder operate as a waiver of
any breach or default by the other party.
C. NOTICE. Any notice provided pursuant to this Agreement, if
specified to be in writing, shall be in writing and shall be deemed
given (A) if by hand delivery, upon receipt thereof, (B) if by
mail, thirty (30) days after deposit in the United States mails,
postage prepaid, certified mail, return receipt requested, (C) if
by facsimile transmission, upon electronic confirmation thereof, or
(D) if by next day delivery service, upon such delivery.
D. FORCE MAJEURE. If the performance of any part of this
Agreement by the parties is prevented, hindered, delayed or
otherwise made impracticable by reason of any flood, riot,
terrorism, earthquake, fire, judicial or governmental action, labor
disputes, act of God or any other causes beyond the control of
either party, that party shall be excused from such to the extent
that it is prevented, hindered or delayed by such causes; provided,
however, that if such period of force majeure last more than thirty
(30) days, then the other party hereto may terminate this
Agreement.
E. CHOICE OF LAW. This Agreement shall be governed by and
construed in accordance with the laws of the State of Georgia
without regard to the principles of conflicts of laws.
F. JURISDICTION AND VENUE. In all circumstances where subject
matter jurisdiction lies for adjudication in the federal courts,
any controversies or claims arising out of or relating in any way
to this Agreement or a breach thereof, shall be adjudicated in the
United States District Court for the Northern District of Georgia.
In all other cases, any controversies or claims arising out of or
relating in any way to this Agreement or a breach thereof, shall be
adjudicated in the courts of the state of Georgia in Cobb
County.
G. WAIVER OF JURY TRIAL. YOU KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH
RESPECT TO ANY PROCEEDING ARISING OUT OF OR IN ANY WAY RELATING TO
THIS AGREEMENT.
H. ATTORNEYS FEES. You knowingly, voluntarily and intentionally
agree to pay all costs and expenses, including attorney's fees, for
Digital Insurance with respect to any proceeding arising out of or
in any way relating to this Agreement, regardless of the outcome of
said proceeding.
I. HEADINGS. The section headings used herein are for reference
and convenience only and shall not enter into the interpretation
hereof.
J. ENTIRE AGREEMENT. This Agreement, together with the Insurance
Product(s) and Service(s) referenced herein, constitute the entire
agreement between the parties with respect to the subject matter of
the Agreement, and supersedes all prior agreements between the
parties, whether written or oral, relating to the same subject
matter.
