TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the www.obamacare2015.org website (the “Site”), you agree to follow and be bound by these terms and conditions of use (the “Terms and Conditions”) and agree to comply with all applicable laws and regulations. In these Terms and Conditions, the words “you” and “your” refer to each customer or Site visitor, “we”, “us”, and “our” refer to www.obamacare2015.org and “Services” refers to all services provided by us.
It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time and from time to time by posting a notice on the Site. If you have any questions about these Terms and Conditions, please contact www.obamacare2015.org. You are responsible for periodically reviewing changes to this Site, which you can do by clicking on the “Terms and Conditions”. You agree that your continued use of the Site following any changes to the Terms and Conditions constitute your acceptance of such changes and your intention to be bound by the Terms and Conditions. If you do not agree to such changes, your sole remedy is to discontinue use of the Site.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
No Medical Advice. The Site does not provide medical advice. The contents of the Site, such as text, graphics, images, information obtained from our licensors and other Site users, and other material contained on the Site (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We are not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or health insurance options and information. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, insurance or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on the Site at the invitation of us, or other visitors to the Site, is solely at your own risk.
www.obamacare2015.org strives to keep its information, documents, study guides, test materials, checklists and developed forms accurate, current and up-to-date. However, because the law changes rapidly, www.obamacare2015.org cannot guarantee that all of the information on the Site is completely current, correct or up-to-date. Furthermore, the information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult your attorney.
From time to time, www.obamacare2015.org may perform certain services and introduce our visitors to various services, products and offers through various methods, including but not limited to,
(i) third party listings,
(ii) third party advertisers, and
(iii) third party services.
At no time is www.obamacare2015.org responsible to you or liable to you for the accuracy or performance of any such listings and/or services.
2. Ownership. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by www.obamacare2015.org or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by www.obamacare2015.org, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of www.obamacare2015.org‘s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by www.obamacare2015.org.
3. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than www.obamacare2015.org (each a “Third Party Site”). www.obamacare2015.org works with a number of partners and affiliates whose sites are linked with www.obamacare2015.org. www.obamacare2015.org is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. www.obamacare2015.org makes no guarantees about the content or quality of the products or services provided by such sites. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that www.obamacare2015.org is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
www.obamacare2015.org has used its best efforts to ensure the accuracy of the information provided on the Site is correct but make no guarantees about its accuracy, relevance or validity. This information is subject to change from time to time without notice and is provided as a value to you for information purposes only. You assume the risk that this information may be inaccurate, out-of-date, incomplete or inconsistent with other choices.
4. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WWW.OBAMACARE2015.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WWW.OBAMACARE2015.ORG MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.WWW.OBAMACARE2015.ORG SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL WWW.OBAMACARE2015.ORG, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE. 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.
6. Indemnification. You agree to defend, indemnify and hold harmless www.obamacare2015.org, our officers, directors, members, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site, the Forms and the Materials.
7. Personal Use. The site is made available for your personal use on your own behalf.
8. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
9. Governing Law; Venue; Dispute Resolution. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Florida, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Florida, and in the County of Miami-Dade. You and www.obamacare2015.org agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Notwithstanding any other provision of this agreement, www.obamacare2015.org is not your agent, partner or joint venturer in any respect. www.obamacare2015.org is not your attorney or financial advisor and assumes no fiduciary obligation to you.
10. DISPUTE RESOLUTION BY BINDING ARBITRATION:
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
You agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Agreement.
References to “www.obamacare2015.org,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and www.obamacare2015.org are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
11. You agree that you may download certain Services and that you are authorized to purchase any of the goods or services offered on this Site when available on the Site such as, toolbars and other custom tailored features to enhance your internet experience.
12. Acknowledgement. BY USING WWW.OBAMACARE2015.ORG‘S SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.