Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED PAGES OR MATERIALS.

This Website (the “Site”) is owned and operated by Foundation for Health Coverage Education, a California nonprofit public benefit corporation (“FHCE”). The pages and materials contained on this Site are the property of FHCE and are protected by Copyright and Trademark Laws of the U.S. and other countries.

FHCE maintains this Site for the benefit of individuals (“You”) for their personal information, education, and communication. You may download and print content from the Site for your own personal noncommercial use only, provided that You retain all copyright and other proprietary notices and do not modify the content. Other than expressly permitted herein, modification, reproduction, distribution, re-posting, or other use of the content — even for charitable or educational purposes — is not permitted without the express prior written permission of FHCE.

MODIFICATION TO TERMS

FHCE reserves the right at its sole discretion to change, modify, add, or remove any portion of this Site or these Terms, in whole or in part, at any time and for any reason. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes. These Terms govern your use of this Site. In the event that You do not comply with these Terms, FHCE may, at its sole discretion and without notice, block or restrict your access to this Site and/or pursue legal action against You for any alleged or actual violation of these Terms or governing law.

INTELLECTUAL PROPERTY

The materials of this Site are protected by Copyright and Trademark Laws of the U.S. and other countries.

FOUNDATION FOR HEALTH COVERAGE EDUCATION and the FHCE logo are registered trademarks of FHCE. Other trademarks, trade names, logos, service marks, and trade dress (collectively the “Trademarks”) displayed on the Site are registered and unregistered trademarks of FHCE, its affiliates, or their respective owners.

Copyright in the Site, including the web pages, images, documents, source code, and other material contained therein, is owned by FHCE and/or its affiliates, unless otherwise indicated.

In addition, the materials contained on this website may be FHCE Proprietary and/or Trade Secret information and may not be copied, compiled, or distributed without the prior written consent of FHCE.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property except as expressly provided in these Terms of Use.

You are advised that FHCE will aggressively enforce its intellectual property rights to the fullest extent of the law.

 PERMITTED USE & LIMITED LICENSE

The pages and material contained on this Site may only be accessed and used by individuals (or their agent), for the individual’s personal use. No individual or entity may use the pages and material contained on this Site for commercial, educational, or charitable purposes without the prior written consent of FHCE.

FHCE grants to You a non-exclusive, limited right to access, use, and display this Site, and to download and print content from this site, for your own personal noncommercial use, provided that You retain all copyright and other proprietary notices and do not modify the content. Other than expressly permitted herein, modification, reproduction, distribution, re-posting, or other use of the content is not permitted without the express prior written permission of FHCE.

As a condition of your use of the FHCE site, You agree not to disrupt, interrupt or attempt to interrupt the operation of the Site in any way. You agree not to use the site or any device, including a compromised device, to intentionally or unintentionally access the service for any unlawful purpose, or any other purpose prohibited by law or these terms, conditions, and notices. You may not use this site in any manner that could be damaging to, disable, overburden, crash, or impair any FHCE server, networks connected to any FHCE server, or interfere with any other party’s use and enjoyment of the site or any of its services. You may not attempt to gain unauthorized access to any portion of the FHCE site, its services, other accounts, computer systems, or any network connected to any FHCE server, through hacking, password “mining”, or any other means.

You agree not to change or delete any proprietary notice from materials downloaded from the Site. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site.

LINKING TO THE SITE

IF YOU DO NOT ACCEPT THE FOLLOWING TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE. BY LINKING TO THE SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE, INCLUDING THE RESTRICTIONS IN THIS SECTION.

  • Link only to the home page at http://coverageforall.org.
  • Do not frame or otherwise create a browser or border environment around FHCE Site content;
  •  Do not imply that FHCE is endorsing you, your company or business, your website or its contents, your products, or your services.
  • Do not misrepresent your or your website’s relationship with FHCE.
  • Do not present false, misleading or inaccurate information about FHCE, FHCE’s products or services, or any of FHCE’s affiliates or their products or services.
  • Do not disparage FHCE, FHCE’s products or services, or any of FHCE’s affiliates or their products or services.
  • Do not include content on your site that is or could be construed as advertising or promoting the use of any tobacco product, illegal, distasteful, offensive, or controversial and will include on your site only content that is appropriate for all age groups.
REQUESTS FOR PERMISSION

Any requests to use the Site or any material contained on this Site beyond the scope permitted by these Terms should be directed to:

FHCE
101 Metro Drive, Suite 250
San Jose, CA 95110
Attention: Ankeny Minoux

INDEMNITY AND LIMITATIONS OF DAMAGES

You agree to indemnify, defend and hold harmless FHCE, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates these Terms, any applicable law or regulation, or the rights of any third party.

IN NO EVENT SHALL FHCE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF FHCE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER

FHCE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.

THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. FHCE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH MATERIAL OR INFORMATION SHALL BE AT YOUR SOLE RISK. FHCE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. FHCE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND FHCE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND FHCE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THIRD PARTY SITES

Some links on this Site may cause You to leave the FHCE Site. If You decide to visit any linked site, You do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. FHCE does not control the linked sites and is not responsible for their contents. These links are provided to You for your convenience and the inclusion of the link does not imply endorsement of the site by FHCE. FHCE makes no warranty or representation regarding any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that FHCE is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of FHCE or any of its affiliates or subsidiaries.

GOVERNING LAW & LEGAL ACTIONS

This Site is operated and administered from within the United States of America (“U.S.”). Use of this Site shall be governed by all applicable federal laws of the U.S. and the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of California for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

These Terms constitute the entire agreement between FHCE and You (the “Agreement”) with respect to your use of the Site. Any cause of action You may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

©2012 Foundation for Health Coverage Education. All rights reserved.

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