Get Covered Connector – Terms and Conditions of Use
Date of Last Revision: October 23, 2017
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THESE SITES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THESE SITES.
This website is operated by Young Invincibles (“Young Invincibles,” “we” or “us”). These Terms and Conditions of Use (“Site Terms”) govern your access to, and use of, this website and other websites, online tools, mobile sites and applications operated by Young Invincibles which link to these Site Terms (the “Sites”). These Site Terms do not alter in any way the terms or conditions of any written agreement you may have with Young Invincibles, or its subsidiaries or affiliates, concerning the Get Covered Connector. If there is a conflict between any provision of such an agreement and these Site Terms, the agreement will control unless it states that these Site Terms control.
To the full extent permitted by applicable law, Young Invincibles reserves the right to change or modify these Site Terms at any time and in its sole discretion by providing notice that these Site Terms have been modified. Such notice may be provided by sending an email, by posting a notice on the Sites, by posting the revised Site Terms on www.getcoveredamerica.org and revising the date at the top of these Site Terms or by such other form of notice as determined by Young Invincibles. Your continued use of the Sites following the posting of the revised Site Terms or other notice of such changes will confirm your acceptance of such changes or modifications.
- Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the Young Invincibles and Get Covered America logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Young Invincibles or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites or the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites or the Site Materials except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein without the prior written permission of Young Invincibles is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The limited license granted within these Site Terms is revocable at any time.
- Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Young Invincibles has adopted a policy of terminating, in appropriate circumstances and at Young Invincibles’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Young Invincibles may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Copyright Complaints
If you believe that anything on the Sites infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Marcus Braxton
Full Address of Designated Agent to Which Notification Should be Sent: 1411 K St. NW, Suite 400, Washington, DC 20005
Telephone Number of Designated Agent: 202-734-6540
E-Mail Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
YOUNG INVINCIBLES, GET COVERED AMERICA, the Young Invincibles and Get Covered Connector logos and any other Young Invincibles product or service name or slogan contained in the Sites are trademarks of Young Invincibles, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Young Invincibles. You may not use any metatags or any other “hidden text” utilizing “Young Invincibles,” “Get Covered America,” or any other name, trademark or product or service name of Young Invincibles without its prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Young Invincibles and may not be copied, imitated or used, in whole or in part, without its prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Young Invincibles.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for your personal, noncommercial purposes, provided such link does not portray Young Invincibles or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of Young Invincibles to link to this Sites without the express written permission of Young Invincibles. Further, you may not use, frame or utilize framing techniques to enclose any Young Invincibles trademark, logo or other proprietary information, including the images or text found at the Sites, or the layout/design of any page or form contained on a page on the Sites without Young Invincibles’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Young Invincibles or any third party.
- Third Party Content
Young Invincibles may provide third party content on the Sites and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Young Invincibles does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including regarding its accuracy or completeness. You acknowledge and agree that Young Invincibles is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users of the Sites use Third Party Content contained therein at their own risk.
- Advertisements and Promotions; Third-Party Products and Services
Young Invincibles may provide information about or links to third-party products or services on the Sites. Young Invincibles does not endorse or make any representations or warranties regarding any third party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Young Invincibles is not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such third party information on the Sites.
You acknowledge and agree that any questions, comments, feedback, suggestions, ideas or other information regarding the Sites, Young Invincibles or Young Invincibles’ services that are provided by you in the form of email or other submissions to Young Invincibles are non-confidential and shall become the sole property of Young Invincibles. Young Invincibles shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- User Content and Conduct
The Sites may permit you or other users to create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Sites (“User Content”). You are solely responsible for any User Content that you post, and you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Young Invincibles, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose Young Invincibles or its users to any harm or liability of any type.
- You agree that you are solely responsible for your conduct while on the Sites, and you agree that you will not do any of the following in connection with the Sites or its users:
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
- Send distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- harvest or otherwise collect information about users, including email addresses, without their consent
- Circumvent or attempt to circumvent any filtering, security measures or other features Young Invincibles may from time to time adopt to protect the Sites, its users or third parties.
Young Invincibles takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Young Invincibles liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Sites is at your own risk. Enforcement of the user content and conduct rules set forth in these Site Terms is solely at Young Invincibles’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, Young Invincibles is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Young Invincibles has no obligation to screen, edit or monitor any User Content, Young Invincibles reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Sites in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Sites.
- Registration Data; Account Security
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Young Invincibles, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Young Invincibles.
You agree to defend, indemnify and hold harmless Young Invincibles, its independent contractors, service providers and consultants, and their respective directors, officers, employees, volunteers and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, including without limitation any actual or threatened suit, demand or claim made against Young Invincibles and/or its independent contractors, service providers, employees, directors, officers, volunteers or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY YOUNG INVINCIBLES, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUNG INVINCIBLES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. YOUNG INVINCIBLES DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
YOUNG INVINCIBLES IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE YOUNG INVINCIBLES ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, YOUNG INVINCIBLES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
YOUNG INVINCIBLES IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY OF ORGANIZERS OR HOSTS. YOU UNDERSTAND THAT ANY CALCULATIONS PROVIDED THROUGH THE SITES ARE MERELY ESTIMATES AND THAT YOUNG INVINCIBLES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CALCULATOR TOOL OR THE ESTIMATES PROVIDED.
Young Invincibles reserves the right to change any and all content contained in the Sites and to modify, suspend or discontinue the Sites or any Services offered through the Sites or any features or functionality of the Sites or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Young Invincibles.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL YOUNG INVINCIBLES, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM YOUNG INVINCIBLES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUNG INVINCIBLES’ RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YOUNG INVINCIBLES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES OR TO THESE SITE TERMS EXCEED $5.00.
- Applicable Law and Venue
These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the District of Columbia, applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Young Invincibles reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
- Questions & Contact Information
Questions or comments about the Sites may be directed to Young Invincibles at email@example.com.