What about the medical data accessible via the Services?
You acknowledge and agree that the health information and other content appearing on the Services or developed with your input or the input of our Business Associates (as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of Swickle Health Insurance or provides services to Swickle Health Insurance) are for informational purposes only.
Who is responsible for my actions and observations on the Site?
You are responsible for all Content that you contribute in any form to the Services, and you represent and warrant that you possess all necessary rights to do so. You will keep your registration information accurate and up-to-date at all times. We cannot control and have no obligation to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from liability for you acquiring or not acquiring Content through the Services. You are accountable for all of your activity involving the Services.
What else should I know?
Payments
Some of our Services may require payment in the present or in the future (the “Paid Services”). For a description of the current Paid Services, please visit our website. Please note that any payment terms presented to you during the process of using or subscribing to a Paid Service are considered to be incorporated into this Agreement.
We utilize a third-party payment processor (the “Payment Processor”) to bill you for use of the Paid Services through a payment account linked to your Account on the Services (your “Billing Account”). In addition to this Agreement, the Payment Processor’s terms, conditions, and privacy policies will govern payment processing. We are not liable for any mistakes made by the Payment Processor. By opting to use Paid Services, you agree to pay us, via the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, via the Payment Processor, to charge your preferred payment provider or debit account (your “Payment Method”). You consent to pay with the selected Payment Method. We reserve the right to correct any errors or omissions, even after payment has been requested or received. The terms of your payment will depend on the Payment Method you choose and may be governed by an agreement between you and the financial institution, debit card issuer, or other provider of your chosen Payment Method. If we do not receive payment from you through the Payment Processor, you agree to pay all amounts due on your Billing Account immediately upon demand.
YOUR BILLING ACCOUNT MUST CONTAIN CURRENT, COMPLETE, AND ACCURATE INFORMATION. YOU MUST IMMEDIATELY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, DEBIT CARD NUMBER, OR DEBIT CARD EXPIRATION DATE), AND YOU MUST IMMEDIATELY NOTIFY US OR OUR PAYMENT PROCESSOR OF ANY CHANGES (SUCH AS A CHANGE IN BILLING AD IF YOUR PAYMENT METHOD IS CANCELLED (E.G., DUE TO THEFT OR LOSS) OR IF YOU BECOME AWARE OF A POTENTIAL SECURITY BREACH, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. You can modify such information through your account. IF YOU FAIL TO PROVIDE ANY OF THE ABOVE INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR ACCOUNT UNTIL YOU CANCEL YOUR PAID SERVICES.
Indemnity
To the maximum extent permitted by applicable law, you shall defend, indemnify, and hold harmless Swickle Health Insurance, our affiliates, and each of our and their respective employees, contractors, directors, suppliers, partners, and representatives from all liabilities, claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use or misuse of, or access to, the services and content we provide, violation of these Terms, or infringement by you or any third party using your account. We reserve the right to assume the exclusive defense and control of any matter for which you are otherwise obligated to indemnify us, in which case you will assist and cooperate with us in asserting any available defenses.
In the event of such a claim, suit, or action (“Claim”), we will attempt to notify you using the e-mail and/or physical address you have on file with us (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Miscellaneous
You are responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your use of the Services; provided, however, that Swickle Health Insurance may, at its sole discretion, perform any of the aforementioned actions on your behalf or for itself. If any provision of these Terms is determined to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent required for these Terms to remain valid and enforceable.
You and Swickle Health Insurance concur that these Terms are the complete and exclusive statement of the mutual understanding between you and Swickle Health Insurance pertaining to the Services, and that it supersedes and cancels all prior written and oral agreements, communications, and other understandings relating to its subject matter.
The failure of Swickle Health Insurance to insist upon or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right. The course of conduct between you and Swickle Health Insurance has no effect on the interpretation of any provision of these Terms. Without Swickle Health Insurance’s prior written consent, you may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your account for the Services, in any way (whether by operation of law or otherwise).
Swickle Health Insurance may assign its rights and obligations under this agreement to any third party at any time without your consent. We may deliver notice to you regarding these Terms via electronic mail, a general notice on the website, or by written communication sent by first-class U.S. mail to your address on file with us.
Governing Law and Statute of Limitations
These Terms and any cause of action arising out of or related to your use of the website are governed by the laws of the State of Florida, without regard to its principles of conflicts of law. You agree that the only proper jurisdiction and venue for any dispute with the Company, or relating in any way to your use of this website, shall be in the state and federal courts located in the State of Florida, United States of America. You also agree and consent to the exercise of personal jurisdiction in these courts in any dispute involving the Company or its employees, officers, directors, agents, and providers. In the event that any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision shall be deemed null and void to the extent of its invalidity, and the remainder of the Agreement shall remain in full force and effect.
Before seeking legal recourse for any harm, you believe you have suffered as a result of or in connection with your use of this website, you agree to notify us in writing and give us 30 days to remedy the harm. You must initiate any cause of action within one year of the claim’s occurrence; otherwise, you will be precluded from pursuing any cause of action.
