Effective Date: November 1, 2019
The website located at www.medicaregenius.com (“Website”) is operated by All Web Leads, Inc. (“All Web Leads,” “we,” “us,” or “our”).
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.
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The Website may offer various applications, widgets, email notifications and other services (collectively, the “Services”) that provide a venue through which you can obtain information and you can find third-party service providers, such as financial institutions, credit card providers, mortgage brokers, insurance brokers, insurance agents, discount program representatives and other insurance professionals (“Service Providers”). We do not endorse or recommend the products or services of any Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers.
The Services are broad in scope and do not consider your personal financial situation. Your personal financial situation is unique and the information on the Website may not be appropriate for your situation. Accordingly, before making any financial decisions, we recommend that you obtain additional information and advice of your accountant and other financial advisors who are aware of your individual circumstances.
Service Providers. It is your sole responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services. You are solely responsible for your financial decisions, and we urge you to obtain the advice of financial advisors, insurance agents, brokers and other qualified professionals who are fully aware of your individual circumstances before you make any financial or insurance decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers. Further, you acknowledge and agree that we are not a Service Provider, financial institution, insurance provider, or credit card provider. Our Services are limited to helping connect you with Service Providers. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue mortgages, credit cards, insurance coverage or any other financial products. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available. In addition, we do not guarantee that you will be matched with a Service Provider. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SERVICE PROVIDERS, AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SERVICE PROVIDERS. YOU RELEASE US OF ANY AND ALL LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM, OR RELATED TO YOUR USE OF A SERVICE PROVIDER’S PRODUCTS OR SERVICES.
IMPORTANT NOTICE REGARDING CONSUMER REPORT PRACTICES. BY SUBMITTING A MATCH REQUEST, YOU AUTHORIZE AND AGREE THAT SERVICE PROVIDERS MAY OBTAIN ADDITIONAL BACKGROUND INFORMATION ABOUT YOU TO PROVIDE YOU WITH YOUR REQUEST. FOR EXAMPLE, CONSUMER AND CREDIT REPORTS AND DRIVING RECORDS MAY BE ORDERED IN CONNECTION WITH YOUR QUOTE REQUEST. THESE REPORTS MAY PROVIDE ADDITIONAL INFORMATION THAT MAY ASSIST SERVICE PROVIDERS IN DETERMINING YOUR ELIGIBILITY FOR THEIR PRODUCTS OR SERVICES, AND RATES THAT YOU MAY BE CHARGED. CONSUMER REPORTS MAY ALSO BE USED FOR UPDATES, RENEWALS, OR EXTENSIONS OF ANY INSURANCE YOU MAY OBTAIN. A PROVIDER MAY ALSO OBTAIN AND USE A CREDIT-BASED INSURANCE SCORE CONTAINED IN YOUR CREDIT REPORT. THIS INFORMATION MAY BE COMBINED BY A PROVIDER WITH INFORMATION YOU SUBMIT TO US, AND BY SUBMITTING A MATCH REQUEST, YOU ACKNOWLEDGE THAT YOU ARE PROVIDING YOUR WRITTEN PERMISSION TO OUR SERVICE PROVIDERS TO OBTAIN YOUR CREDIT REPORT.
Your Access and Use of the Services
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority in your jurisdiction, whichever is greater, that you are a resident of the United States of America, and that you agree to these Terms. The Website and its contents, including the information available on it, are intended for personal, non-commercial use only and only by U.S. residents. You agree to abide by all applicable federal, state, and local laws and regulations with respect to your use of the Website, and you shall provide only true, accurate, current, and complete information (and updates thereto) when submitting information through the Website. You shall only use the Website as permitted by this Agreement, and you shall not disrupt or intercept electronic information posted on this Website or on any of our servers or use the Website for any commercial, illegal, or inappropriate purpose. We reserve the right, in our sole discretion, to change, modify, or eliminate, and restrict or block access to, all or any part of the Website, without notice, at any time, for any or no reason.
The information, data, software and content viewable on, contained in, or downloadable from the Website, including, without limitation, all software, text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, and their selection, coordination, arrangement, presentation, display and enhancement (collectively, the “Content”) are copyrighted by, or otherwise licensed to, us or our suppliers. All Content is our property or the property of our software vendors and is protected by United States and international copyright laws. You shall not copy, distribute, redistribute, transmission, publication or use, other than the non-commercial use of the Content is permitted by you without our prior written permission. You shall not collect or harvest any personally identifiable information, including account names, from our Services. You shall not use any communication systems provided on our Services for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
Our Intellectual Property Rights
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners. You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Proprietary Marks and any other harm incurred by us or our affiliates as a direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
You Must Maintain the Security of Any Password Issued to You. If our Services require you to create a password to use certain portions of our Services, then it is your sole responsibility to maintain the security of that password. You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on our Services by sending an email to: [email protected]
You may be allowed to contribute information and make statements through blogs, messaging, chat rooms, bulletin boards and other forums available on the Website (“User-Generated Content”). By submitting any User-Generated Content to us or on the Website, you grant All Web Leads a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant All Web Leads the license specified above. All Web Leads shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you. You are solely responsible for all your transmissions, submissions or postings.
Neither we nor our advertisers are involved in the transmission of User-Generated Content, and neither we nor our advertisers approve or endorse any User-Generated Content. You hereby acknowledge and agree that we do not have control over the User-Generated Content’s quality, correctness, timeliness, safety, truth, accuracy or legality. Without limiting the foregoing, we reserve the right (but do not undertake the obligation) to remove, edit, and refuse to post any User-Generated Content for any or no reason.
Third Party Links and Services
The Website may include links or access to third-party websites, such as links from advertisers, sponsors, content partners, business partners, affiliates, Service Providers and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We do not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on or through the Website are the best terms or lowest rates available.
If you believe that any materials made accessible by All Web Leads have been used or copied in a way that infringes your copyright or other intellectual property rights, you may request that All Web Leads remove those materials by providing us with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the website (including the specific URL of each item in dispute, which should help us to locate the relevant content);
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Designated Agent. Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email at: [email protected] or standard mail at 7300 FM 2222, Bldg 2, Ste 100, Austin, TX 78730, Attention Legal Department or by fax at (512) 279-3084.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
THE CONTENT AND ALL SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THE WEBSITE. THE WEBSITE AND SERVICES ARE OFFERED “AS IS.” WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE WEBSITE IS FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED BY SERVICE PROVIDERS, AND ANY IMPLIED WARRANTY IS DISCLAIMED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.
WE SHALL NOT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) THE ACTIONS OR INACTION OF SERVICE PROVIDERS. Notwithstanding anything to the contrary herein, this Disclaimer of Warranties and Limitation of Liability do not apply in New Jersey
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and any portion or feature of our Services at any time in our sole discretion and without prior notice.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
Any dispute relating in any way to your visit to, or use of the Website, the Services, any other products or services offered through the Website, any telephone calls, emails, or text messages that you receive from Service Providers or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Texas, without regard to principles of conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator. For the avoidance of doubt, all claims arising under the Telephone Consumer Protection Act and state telemarketing and email marketing laws shall be considered “Disputes” that are subject to resolution by binding individual, confidential arbitration.
If a Dispute arises under this Agreement, you agree to first contact us at: [email protected]. Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. We will pay all of the filing costs. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Without limiting the foregoing, YOU EXPRESSLY AGREE TO SUBMIT TO ARBITRATION ALL DISPUTES RELATING TO ANY TEXT MESSAGES OR TELEPHONE CALLS YOU RECEIVE FROM OR ON BEHALF OF US OR ANY ENTITY WITH WHOM WE MAY SHARE YOUR TELEPHONE NUMBER (INCLUDING SERVICE PROVIDERS). Further, we both agree that all entities with whom we share your telephone numbers, including Service Providers, shall be third party beneficiaries of this Dispute Resolution by Binding Arbitration and Class Action Waiver, and that those entities have the same rights as All Web Leads to enforce this arbitration provision.
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Texas: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Website or the date you submit information through the Website to opt out of this arbitration agreement, by contacting us by email at: [email protected] or by mail at: 7300 FM 2222, Bldg. 2, Suite 100, Austin, TX 78730, Attention: Legal Department.
If you do not opt out by the earliest of the date that you visit the Website, or the date you submit information to us through the Website, then you are not eligible to opt out of this arbitration agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at: [email protected]