The following terms and conditions
of use (the "Terms and Conditions") govern your use of
the www.dentalinsurancerx.com (the "Site"). The Site is
made available by DentalInsuranceRX.com (the "Site Proprietor"
or "we"). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE
TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you
do not agree to these Terms and Conditions, you may not access or
otherwise use the Site. We may change the Terms and Conditions from
time to time, and at any time without notice to you, by posting
such changes on the Site. By using the Site following any modifications
to the Terms and Conditions, you agree to be bound by any such modifications
to the Terms and Conditions.
You may only use the Site if you are domiciled in the United States
and you are 18 years old or older.
- Services Available on the Site. Via the Site, we provide
a service by which consumers can apply to receive insurance or
discount program quotations. We seek to provide valuable information
that individuals can use to make their own decisions about insurance
and discount programs. Once you provide us with the information
needed to complete an on-line application, we will attempt to
match you with appropriate insurance agents, brokers, discount
programs or other companies.
We do not issue insurance contracts or bind coverage. We do not
endorse or recommend any companies or insurance policies, and
we do not provide insurance, tax or financial advice. We do not
guarantee that any of the insurance agents, brokers and/or companies
to whom we forward your application will contact you or agree
to provide you coverage. We are not responsible in any way for
the conduct of the insurance agents, brokers, discount program
representatives and companies that are matched with your on-line
application. If you would like personal advice or specific policy
recommendations, you should consult with an insurance agent, broker,
or other qualified professional.
We reserve the right, for any reason, in our sole discretion,
to terminate, change, suspend or discontinue any aspect of the
Site, including, but not limited to, content, features or hours
of availability. We may also impose limits on certain features
of the Site or restrict your access to part or the entire Site
without notice or penalty.
There is no charge to you for use of the Site.
- Proprietary Rights. Your use of the Site does not grant
to you ownership of any content, code, data or materials you may
access on the Site. Any commercial use or exploitation of the
Site is strictly prohibited. You may view the content on the Site
on your personal computer or other internet-compatible device,
and make single copies or prints of the content on the Site for
your personal, non-commercial use only. You may not otherwise
copy, reproduce, distribute or otherwise exploit any content,
code, data or materials on the Site. If you make other use of
the Site, except as otherwise provided above, you may violate
copyright and other laws of the United States, other countries,
as well as applicable state laws and may be subject to liability
for such unauthorized use. We do not grant any license or other
authorization to any user of our trade names, trademarks, service
marks or other marks or logos without our separate express written
agreement. Third party marks are the property of their respective
owners.
- User Submissions. In the course of your use of the Site,
you may be asked to provide, or you may provide on your own inclination,
information or materials to us (such information and/or materials
referred to hereinafter as "User Submissions"). User
Submissions include, for example, information you submit to us
via your application to receive quotations ("Application
Data"). User Submissions also include information and materials
you submit to us via other on-line forms on the Site, by e-mail,
or in any other manner via the Site. Our information collection
and use policies with respect to the privacy of personal information
are set forth in the Site's Privacy
Policy which is incorporated herein by reference for all purposes.
Please read our Privacy Policy before submitting any User Submissions.
You acknowledge and agree that you are solely responsible for
the accuracy and content of the User Submissions. We cannot be
responsible for maintaining any User Submissions that you provide
to us, and we may delete or destroy any such User Submissions
at any time. We reserve the right to refuse to post or to remove
any User Submissions, in whole or in part, that, in our sole discretion,
are unlawful, unacceptable, undesirable, inappropriate or in violation
of these Terms and Conditions.
- User Conduct. You warrant and agree that, while using
the Site, you shall not upload, post or transmit to or distribute
or otherwise publish through the Site any materials that: (a)
are protected by copyright, or other proprietary or intellectual
property right, without first obtaining permission from the proprietary
or intellectual property rights holder; (b) are unlawful, threatening,
harassing, profane, tortious, defamatory, vulgar, obscene, libelous,
deceptive, fraudulent, contain explicit or graphic descriptions
or accounts of sexual acts (including but not limited to sexual
language of a violent or threatening nature directed at another
individual or group of individuals), invasive of another's privacy
or hateful, (c) restrict or inhibit any other user from using
and enjoying the Site, (d) constitute or encourage conduct that
would constitute a criminal offense or give rise to civil liability,
or (e) contain a virus or other harmful component, advertising
of any kind, or false or misleading indications of origin or statements
of fact.
You also warrant and agree that you shall not: (a) impersonate
any person or entity or misrepresent your affiliation with any
other person or entity; (b) upload, post, publish, transmit, reproduce,
distribute or in any way exploit any information or other material
obtained through the Site for commercial purposes; (c) engage
in spamming, flooding, harvesting of e-mail addresses or other
personal information, spidering, "screen scraping,"
"database scraping," or any other activity with the
purpose of obtaining lists of users or other information, or send
chain letters or pyramid schemes via the Site; or (d) attempt
to gain unauthorized access to other computer systems through
the Site. You agree that you will not use the Site in any manner
that could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided
for through the Site.
You agree to defend, indemnify and hold the Site Proprietor and
its directors, officers, employees, agents and affiliates harmless
from any and all claims, liabilities, costs and expenses, including
reasonable attorneys' fees, arising in any way from your misuse
of the Site, your placement or transmission of any message, content,
information, software or other materials through the Site, or
your breach or violation of the law or of these Terms and Conditions.
- DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT
LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS
PROVIDED "AS IS," "AS AVAILABLE", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING
SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION,
AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY
AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT
THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS
CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR
FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT
THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY
IS TO DISCONTINUE USING THE SITE.
YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER SUBMISSION;
YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS
FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR
THE DATA OR INFORMATION IS LOST.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SITE PROPRIETOR
OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES,
OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED
ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR
DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY
TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED
THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS
OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES,
EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL
THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY
CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF
OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
- Applicable Laws. We control and operate this Site from
our offices in the United States of America. We do not represent
that materials on the Site are appropriate or available for use
in other locations. Persons who choose to access this Site from
other locations do so on their own initiative, and are responsible
for compliance with local laws, if and to the extent local laws
are applicable.
- Miscellaneous. The Terms and Conditions and the relationship
between you and us shall be governed by the laws of the State
of Utah without regard to its conflict of law provisions. You
agree that any use of action that may arise under the Terms and
Conditions shall be commenced and be heard in the appropriate
court in the State of Utah. You agree to submit to the personal
and exclusive jurisdiction of the courts located within the State
of Utah. Our failure to exercise or enforce any right or provision
of the Terms and Conditions shall not constitute a waiver of such
right or provision. If any provision of the Terms and Conditions
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms and Conditions remain in
full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action by you arising
out of or related to use of the Site or the Terms and Conditions
must be filed by you within one (1) year after such claim or cause
of action arose or be forever barred.
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