Welcome to Fight Health Insurance
These terms of use are entered into by and between you and Fight Health Insurance, Inc. ("we”, “our”, or "us"). The following terms and conditions (“ Terms of Use,” “Terms”), govern your access to and use of www.fighthealthinsurance.com (the "WebServices”), including any functionality or services offered on or through the WebServices (together with the WebServices, referred to as the “Services”).
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS FORM A LEGALLY ENFORCEABLE AGREEMENT. BY USING THE SERVICES, ACCESSING ANY INFORMATION FROM THIS SERVICES, BENEFITTING FROM THE SERVICES, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SERVICES, OR MANIFESTING YOUR ASSENT TO THESE TERMS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS, YOU MAY NOT USE OR OTHERWISE ACCESS, BENEFIT FROM, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SERVICES.
Template appeals and other outputs provided by the Services are created by using machine learning technologies that analyze and use the information you submit to us. When you use the Services, we collect the information that is included in your inputs, file uploads, or other feedback that you provide to the Services. We also use the information you submit through the Services to train large language models that are used in providing the Services. As such, it is your responsibility to remove all direct identifiers, including your name, address, email address, insurance numbers, and any other identifiers (collectively, “Identifiers”) prior to submitting any information to us. ALL PERSONAL INFORMATION, INCLUDING IDENTIFIERS, MEDICAL, HEALTHCARE, AND INSURANCE INFORMATION YOU SUBMIT TO THE SERVICES MAY BE COLLECTED AND USED IN A MANNER CONSISTENT WITH OUR PRIVACY POLICY. If you have mistakenly submitted Identifiers to us or want to delete them, you may submit a request at https://fighthealthinsurance.com/remove_data or contact us at [email protected] to request deletion of such information.
NEITHER THE SERVICES NOR ANY CONTENT OR OUTPUT FROM THE SERVICES (FOR EXAMPLE, A TEMPLATE FOR YOUR APPEAL) IS INTENDED TO CONSTITUTE OR PROVIDE LEGAL OR MEDICAL ADVICE. YOU SHOULD CAREFULLY READ YOUR HEALTH INSURANCE POLICY AND YOUR APPEAL RIGHTS BEFORE SUBMITTING AN APPEAL, AND CONSULT AN ATTORNEY AND/OR YOUR HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS OR CONCERNS.
Eligibility. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OUR SERVICES. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SERVICES, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN 18.
Accounts. To access and use certain areas or features of the Services, you may need to register for an online account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Services on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. You further understand and agree that we may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
Electronic Communications. By creating an account or communicating with us through the Services, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Email and Text Communications. By providing your mobile phone number to us through the Services, you consent to receive calls or text messages at any such phone number sent by or on behalf of us, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while we process your request. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.
Our Rights in and to Fight Health Insurance Materials. The Services, our machine learning models, our systems, our databases, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any technical or functional descriptions, requirements, plans, specifications, or reports, that are provided or used by us or any subcontractor engaged by us in connection with this Services or otherwise relate to this Services, the designs of each of the foregoing, and any and all intellectual property rights in the foregoing (collectively, the “Fight Health Insurance Materials”) shall at all times remain the exclusive property of Fight Health Insurance and its third-party licensors. Any third-party software included in this Services is licensed subject to the additional terms of the applicable third-party license.
Grant of License. On the condition that you comply with all of your obligations under this Agreement and subject to additional terms of any third-party licenses applicable to our Services, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Services. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to our Services. Any use of our Services that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use our Services. You are not acquiring any rights in or to the Fight Health Insurance Materials other than a non-exclusive right to access and use this Services solely in accordance with the terms of this Agreement.
Modification. We may discontinue or alter any aspect of our Services, restrict the time our Services are available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to our Services without prior notice or liability to you. Your only remedy is to discontinue using our Services if you do not want a modification we make to our Services.
Removal of Access. Your access to our Services is provided on a temporary basis with no guarantee of future availability or continued right to access. You agree that we may immediately suspend or terminate your access to our Services or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of this Agreement or other incorporated agreements or guidelines; (2) discontinuance or material modification to our Services; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
Defects and Availability. We use commercially reasonable efforts to maintain our Services, but we are not responsible for any defects or failures associated with our Services, any part thereof, or any damages (such as lost income, opportunities or any other consequential or indirect damages) that may result from any such defects or failures. Our Services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that our Services are provided over the Internet, so the quality and availability of our Services may be affected by factors outside of our control. Our Services are not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of our Services. We do not represent, warrant, or guarantee that our Services will always be available or are completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to our Services being unavailable.
Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Services in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which our Services are based; (3) use our Services or Fight Health Insurance IP to develop a competing service or products; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our Services, servers, or networks connected to our Services or take any other action that interferes with any other person’s use of our Services; (5) decrypt, transfer, create Internet links to our Services, or “frame” or “mirror” our Services on any other server or wireless or Internet-based device; (6) use or merge our Services or any component thereof with other software, databases, or services not provided or approved by us; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Services; (8) use our Services for unlawful purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our Services; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our Services for any reason; (11) access or attempt to access any other user’s account; (12) use any Fight Health Insurance IP made available through our Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (13) introduce into our Services any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm our Services, or perform any such actions; (14) introduce into our Services any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (15) delete, modify, hack, or attempt to change or alter our Services, Fight Health Insurance IP, or notices on our Services; (16) connect to or access any Fight Health Insurance computer system or network other than our Services; or (17) impersonate any other person or entity to use or gain access to our Services.
Prosecution. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
Intellectual Property. As between you and us, we exclusively own all right, title and interest in and to Fight Health Insurance Materials, Feedback, and, without limitation, all ideas, inventions, inferences, discoveries, information, photos, videos, text, graphics, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto, whether provided by us or third parties (collectively, “Fight Health Insurance IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the Fight Health Insurance IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the Fight Health Insurance IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm our right, title and interest in the Fight Health Insurance IP. Fight Health Insurance is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any Fight Health Insurance IP. The sole exception of the foregoing reservation of rights are the limited rights granted to you to use our Services, and which shall automatically terminate upon expiration or termination of this Agreement. Any unauthorized use of any Fight Health Insurance IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties. You understand and agree that our rights in any Fight Health Insurance IP are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Fight Health Insurance IP.
Content License
When you upload, submit, send or receive information or other content to or through the Services (“Content”), you give us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your Content works better with the Service) of such Content. The rights you grant in this license may be used to provide, maintain, develop, and improve the Services, comply with applicable law, and enforce our terms and policies. You are responsible for all Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Content to the Services.
You waive all rights to any and all claims against us, and under no circumstances will we be liable in any way for, your use of any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use or misuse of any Content (including, without limitation, your submission or use of any health insurance appeals and any outcomes related to your health insurance appeals). You agree that it is solely your responsibility to evaluate, and bear all risks associated with, your use of any Content, including any reliance on the accuracy, completeness, usefulness, effectiveness or appropriateness of any Content for any purposes. You acknowledge that you may not rely on any Content created by the Service or submitted to the Service to affect any particular result or its suitability for any particular purpose.
When you use the Services you understand and agree:
That Content generated through the Services may not be accurate and you should not rely on any such Content as a substitute for professional, legal, or health advice.
You must review and evaluate all Content submitted by you to or generated through the Services for accuracy and appropriateness for your use, including in conjunction with the terms of your health insurance policy and appeals process, and seeking advice from your healthcare and/or legal advisor, before using or sharing such Content.
YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF, OR ANY ACTIVITIES ASSOCIATED WITH, USER CONTENT THAT YOU POST OR PROVIDE THROUGH OUR SERVICES. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON USER CONTENT, FIGHT HEALTH INSURANCE IP, OR OTHER CONTENT YOU FIND ON OUR SERVICES ARE SOLELY YOUR RESPONSIBILITY. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT PROCESSED THROUGH OUR SERVICES.
Content Restrictions. You may not upload, post, or transmit any Content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of us or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, Fight Health Insurance, or our Services; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; or (e) illicit drugs and drug paraphernalia. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all Content from the Services. You understand and expressly acknowledge that by using our Services you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on our Services.
Feedback. We welcome your comments, feedback, information, or materials regarding our Services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
Links; Third-Party Materials. Our Services may include links to other services or resources on the Internet, or utilize our Services or content of third parties (collectively, “Third-Party Materials”). Because we have no control over Third-Party Materials or the administration of Third-Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third-Party Materials or for any privacy or other practices of the third parties operating those services or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third-Party Materials available on or through any such services or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of Third-Party Materials.
Your Representations. You hereby represent and warrant that: (1) you are at least the age of 18 and have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to us is truthful, accurate and complete; (3) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of our Services, your Feedback, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (5) your access to and use of our Services or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; (7) you will not use our Services in order to gain competitive intelligence about us, our Services, or any Product offered via our Services or to otherwise compete with us; and (8) your Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you.
Feedback Representations. In the event you provide any Feedback via our Services, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT OUR SERVICES (INCLUDING THE FIGHT HEALTH INSURANCE MATERIALS) WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES OR ANY INFORMATION OR CONTENT FOUND ON OUR SERVICES WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR SERVICES WILL BE CORRECTED, THAT OUR SERVICES AND ANY CONTENT OR INFORMATION FOUND ON OUR SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS. WE WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA.
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH OUR SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, AND ALL OF THEIR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS AND EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OF OUR SERVICES, (B) YOUR VIOLATION OF THIS AGREEMENT, (C) ANY USER CONTENT YOU PROVIDE THROUGH OUR SERVICES, (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (E) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, PERSONAL INJURY, DEATH, OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF OUR SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD).
No provision in these Terms of Use shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms of Use concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. We reserve all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your jurisdiction of residence.
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal or state courts located in the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Geographic Restrictions. We are based in the state of California in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Term. This Agreement is effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate this Agreement at any time by immediately discontinuing all access to our Services. Termination or cancellation of this Agreement will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate this Agreement at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third party for any termination or suspension of your access to our Services or any part thereof.
Independent Contractors. You understand and expressly agree that you and us are independent contractors and not agents or employees of the other party. Neither you nor us has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
Consent to Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither you nor us will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
Equitable Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
Entire Agreement. This Agreement and any hyperlinked policies and procedures constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update this Agreement from time to time and will post the updated Agreement to our Services. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of our Services will constitute your agreement to any new provisions within the revised Agreement.
Waiver; Severability. Our failure to enforce any provision of this Agreement will not be deemed to be a waiver of our right to enforce them. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.
Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.
Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
Contact Us. If you have questions, please contact us at:
Holden Karau
Address:
9450 SW Gemini Dr PMB 41687
Beaverton, Oregon 97008-7105
Telephone: (202) 938-3266
Email: [email protected]
Last updated: March 31, 2025