- COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
This Web Site and all of its contents, including but not limited to, text and graphics (collectively, “Content”) are subject to copyright laws and are owned by the Company, its subsidiaries and/or affiliates. You also agree to review and abide by the Company’s policies regarding intellectual property rights, which include both copyright and trademark policies. (www.model.healthmarketsinc.com/legal/)
You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against all claims, losses, damages, liabilities and judgments, and all fees and expenses related thereto (including, without limitation, reasonable legal fees) incurred by an Indemnified Party as a result of any violation by you of your agreements with us.
- DISCLAIMER OF WARRANTIES
THE USE OF THE WEB SITE, THE CONTENT OR INFORMATION CONTAINED ON THE WEB SITE IS PROVIDED SOLELY AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEB SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE WEB SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEB SITE IS TO CEASE USING THE WEB SITE.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
- THE USE OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED BY A COMPUTER VIRUS, SOFTWARE BUG, HUMAN ACTION OR INACTION, MALFUNCTIONS OF ANY HARDWARE, SOFTWARE OR OTHER ELEMENT OF A COMPUTER SYSTEM, ERRORS, FAILURE, MALFUNCTION OR DELAY IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.
- THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS AFFECTED OR FAILED TO BE AFFECTED,
- ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR
- ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
- GOVERNING LAW, PERSONAL JURISDICTION AND OTHER MATTERS
- You are responsible for compliance with all local laws, if and to the extent your local laws are applicable.
- Further, the Terms and Conditions and the relationship between you and the Company shall be governed and construed in accordance with the laws of the State of Texas applicable to contracts entered into and fully performed in Texas (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the State of Texas, and you hereby consent to personal jurisdiction, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction, in the state and federal courts therein.
- Additionally, you agree that regardless of any statute or law to the contrary, any dispute arising out of or related to the Web Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose.
- ARBITRATION AND CLASS ACTION WAIVER
By using the Web Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of the Company and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the Web Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitrator’s decision shall be controlled by the Terms and Conditions and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Web Site; (4) the arbitrator shall apply Texas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (5) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (6) the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and your are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, the Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (5) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (5) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the Company Entities shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their web site at www.jamsadr.com.
ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT, TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision of the Terms and Conditions, the Company Entities may resort to court action for injunctive relief at any time. Further, notwithstanding any other provision of the Terms and Conditions, you and the Company Entities may agree to proceed in small claims court.
- CHANGES TO THE WEB SITE AND/OR TERMS AND CONDITIONS
You acknowledge and agree that the Company may, in its sole discretion, modify, add or remove any portion of these Terms and Conditions at any time and in any manner. The current version of these Terms and Conditions is available at http://www.healthmarketsinc.com/terms-of-use/. If a revision, in our sole discretion, is material, the Company will notify you. No changes to these Terms and Conditions occurring after a dispute between you and the Company arises will apply retroactively. It is your responsibility to check periodically for any changes we make to the Terms and Conditions. Your continued use of this Web Site after any changes to the Terms and Conditions means you accept the changes.
- EXTERNAL LINK DISCLAIMER
All information provided on our web sites is provided for informational purposes only and is subject to change without prior notice. Company web sites may contain information that is created and maintained by a variety of sources both internal and external to the Company. Hypertext links to other third party web sites are for the convenience of our Web Site users and the Company does not control, monitor or guarantee the information contained on those web sites or in links to other external web sites. Company does not endorse any views expressed on those web sites or the products or services offered therein. The fact that we have made these links available to you is not an endorsement or recommendation by the Company to you of any of these web sites, any third party or any material found there. Such links do not constitute an endorsement by any third party of the Company or its services, and do not indicate that there is necessarily any relationship between the Company and these third parties. Any questions should be directed to the administrator(s) of this or any other specific web sites. In no event shall the Company be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web site or resource.
- ELECTRONIC SIGNATURES AND SYSTEM REQUIREMENTS
By logging onto the Web Site you have signified your agreement to all of the terms and conditions to use the Web Site, and shall have the same binding effect as it would had you signed the same agreement on paper. If you would like a paper copy of this agreement, you may obtain one by submitting a written request to:
9151 Boulevard 26
North Richland Hills, Texas 76180
Attention: Legal DepartmentFor optimum use of the Web Site, you may need to utilize specific web browsers.
- You agree that the Company shall have no liability for the deletion or failure to store any messages and other communications or other content maintained on the Web Site or transmitted using the Web Site.
- These Terms and Conditions constitute the entire agreement between you and the Company with respect to the Web Site and govern your use of the Web Site. You also may be subject to additional terms and conditions that may apply when you use third party content or web sites available through the Web Site.
- If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
- The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.