TERMS AND CONDITIONS
You should
carefully read the Terms of Use before using
Our Site. By using Our Site or indicating
your agreement by clicking the Accept button
putting a check in the Accept box, you agree
to be bound by the Terms of Use. This is
a legally binding agreement. If you do not
agree with the Terms of Use you should not
use Our Site.
1. We agree to provide
you access to Our Site in accordance with
the Terms of Use.
2. You agree to use
Our Site in a manner consistent with any
and all applicable rules and regulations.
3. You accept that
Our Site is provided on an "as is,
as available" basis.
4. ALL ARTICLES AND
MATERIAL DISPLAYED BY US ON OUR SITE ARE
FOR INFORMATION ONLY AND ARE NO SUBSTITUTE
FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO
AND USE OF OUR SITE MAY BE TERMINATED AT
ANY TIME FOR ANY REASON OR FOR NO REASON
BY YOU OR BY US BY THE SENDING OF NOTICE
TO THE OTHER PARTY.
6. WE MAY FOR MARKETING
PURPOSES COLLECT, PROCESS AND TRANSMIT DATA
OBTAINED FROM AND ABOUT YOU IN THE COURSE
OF YOUR ACCESSING OUR SITE.
7. You are authorized
to download one copy of the material on
our Site on one computer for your personal,
non-commercial use only but you may not
in so doing remove or amend any trademark,
copyright or other proprietary notice.
8. Subject to the
above, you may not modify, copy, distribute,
republish or upload any of the material
on our Site without our prior consent in
writing. No intellectual property or other
rights shall be transferred to you.
9. To the extent
that portions of our Site (such as "chat
rooms" or "bulletin boards")
provide users an opportunity to post and
exchange information, ideas and opinions
("Postings"), BE ADVISED THAT
WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS
PRIOR TO THEIR APPEARANCE ON THIS WEB SITE,
and Postings do not necessarily reflect
our views. To the fullest extent permitted
by applicable laws, we exclude all responsibility
and liability for the Postings or for any
losses or expenses resulting from their
use and/or appearance on our Site.
10. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAWS, WE
ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS,
AND CONTRACTORS EXCLUDE LIABILITY FOR ANY
LOSSES AND EXPENSES OF WHATEVER NATURE AND
HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION
ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS
OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF
INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY,
CLAIMS OF THIRD PARTIES, OR OTHER LOSSES
OF ANY KIND OR CHARACTER, EVEN IF WE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS OUR SITE
OR ANY WEB SITE WITH WHICH IT IS LINKED.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING
SUCH PROCEDURES FOR DATA BACK UP AND VIRUS
CHECKING AS YOU CONSIDER NECESSARY.
11. We reserve the
right to monitor all materials posted on
this bulletin board (“Postings”)
and to remove any which we consider in our
absolute discretion to be offensive or otherwise
in breach of these Terms of Use.
12. You hereby represent
and warrant that you have all necessary
rights in and to all Postings you provide
and all material they contain and that such
Postings shall not infringe any proprietary
or other rights of third parties.
13. Where we provide
hypertext links to other sites we do so
for information purposes only, and such
links are not endorsements by us of any
products or services in such sites and we
accept no liability nor make any endorsement
or approval of the same.
14. The Terms of
Use contain the entire understanding between
us with respect of Our Site and no representation,
statement, inducement oral or written, not
contained herein shall bind either of us.
15. Should any part
of the Terms of Use be declared invalid
or unenforceable by a court of competent
jurisdiction, this shall not affect the
validity of any remaining portion and such
remaining portion shall remain in full force
and effect as if the invalid portion of
the Terms of Use had been eliminated.
16. This Agreement
is governed by the laws of the State of
Tennessee, without regard to principles
of conflict of laws.
To the extent you
have in any manner violated or threatened
to violate www.affordablehealthinsur.com
and/or its affiliates' intellectual property
rights, www.affordablehealthinsur.com and/or
its affiliates may seek injunctive or other
appropriate relief in any state or federal
court in the State of Tennessee, and you
consent to exclusive jurisdiction and venue
in such courts.
Any other disputes
will be resolved as follows:
If a dispute arises
under this agreement, we agree to first
try to resolve it with the help of a mutually
agreed-upon mediator in the following location:
Franklin, TN. Any costs and fees other than
attorney fees associated with the mediation
will be shared equally by each of us.
If it proves
impossible to arrive at a mutually satisfactory
solution through mediation, we agree to
submit the dispute to binding arbitration
at the following location: Franklin, TN,
under the rules of the American Arbitration
Association. Judgment upon the award rendered
by the arbitration may be entered in any
court with jurisdiction to do so.
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