Terms of use
Set
forth below are the Terms and Conditions that govern your use of the http://www.rushmoreinsurances.com/
web site (the “Web Site”). These Terms and Conditions describe your rights and
obligations with respect to the Web Site and should be read carefully. By logging
onto the Web Site, you confirm that you have read these Terms and Conditions,
and you agree to be bound by them. If you do not agree to these Terms and
Conditions, you should exit from this Web Site immediately and you do not have
permission to use or access this Web Site. Your use of the Web Site is also
governed by the Privacy Policy, located at //http://www.rushmoreinsurances.com//privacy-policy/
(the “Privacy Policy”) and Terms of Use (the “Terms of Use”), located at //www.rushmoreinsurances.com/terms-of-use/,
which are incorporated herein by reference.
The Rushmore
Insurance Division (the “Company”) may amend these Terms and Conditions at
any time by posting the amended version on this Web Site. The amended Terms and
Conditions will automatically become effective 10 days after they are first
posted on the Web Site. It is your responsibility to periodically check for any
changes the Company makes to these Terms and Conditions. Your continued
use of the Web Site will evidence your acceptance of the amended Terms and
Conditions.
- External Link Disclaimer
All
information provided on the Web Site is provided for informational purposes
only and is subject to change without prior notice. The Web Site may contain
information that is created and maintained by a variety of sources both
internal and external to the Company. This Web Site contains links to third
party web sites. The Company makes no representations regarding the content or
accuracy of any web site that you may access through this Web Site, including links
to third party web sites such as physician and hospital provider search
engines. The Company does not monitor and is not responsible for the content
found on other web sites that are linked from this Web Site. The Company
encourages you to review the privacy policies and terms of use of any linked
web site. The Company does not imply endorsement, recommendation or sponsorship
for any linked web site, or the services, products, or advice described
therein. The views, opinions, statements, offers, or other information or
content expressed therein are those of the respective author(s) or
distributor(s), not of the Company. Any questions should be directed to the
administrator(s) of this or any other specific web sites. In no event shall the
Company be responsible or liable, directly, or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods, or services available on or through any
such web site or resource.
- Information Regarding Plans and Benefits
The
information contained on the Web Site regarding Plans and benefits presents
only general information and is not a complete description of the Plans or the
coverage or benefits available under such Plans or which may be required by the
state where your policy is issued. The specific coverage and benefits available
under your Plan are set forth in and subject to your Policy. This Policy, and
not the information contained on the Web Site, defines your rights as a customer.
The Company and its parents, subsidiaries and affiliates do not endorse, recommend,
or otherwise provide advice regarding the appropriateness of a Plan for a
particular individual.
Nothing
within the Web Site, nor the proposals or any other materials it generates, should
be deemed a contract for coverage or a solicitation of an application for
coverage. The insurance quotations obtained by use of this Web Site do not
constitute an offer of insurance and are subject to the approval of the
Company. No contract for the provision of a policy of insurance is formed by
the use of this Web Site.
- The Company’s Role in Administering the Web Site
The
Company has no role whatsoever in a Provider’s performance of services for a customer.
Therefore, if a customer has any questions regarding the services that he or
she plans to receive, or complaints about services already received, the
Customer must direct those questions and complaints to the Provider involved.
The
Company is not an agent for Providers for any purpose. The Company does not
sponsor or endorse any Providers and does not act as a dealer, middleman,
retailer, merchant, supplier, or distributor with respect to any transactions
between its Customers and Providers listed on the Web Site.
The
information displayed on the Web Site regarding Providers listed on the Web
Site was given to us by the Providers or an entity representing them. This
information has not been verified in any way. You agree that it is your
responsibility to review your Provider’s credentials, experience, history, and
ability to provide appropriate services to you.
You
acknowledge that the company is not engaged in the practice of medicine in any
manner by virtue of its operation of the web site. The information provided on
our web site is presented solely for educational purposes to assist customers
in their efforts to learn more about providers and to manage their benefits
efficiently. Information posted on the web site is not intended to be used for
diagnostic purposes and does not constitute medical advice. Providers are
solely responsible for all services provided to customers. Always seek the
advice of your provider or other qualified provider for answers to any
questions you may have regarding a medical condition. Never disregard medical
advice or delay in seeking it because of something you have read on the web
site. The fact that a customer has chosen a provider listed on the web site
does not change in any way the traditional, professional relationship between a
patient and his or her provider.
- Indemnification
You
agree to indemnify, defend, and hold harmless the Company, its parents,
subsidiaries, affiliates, officers, directors, employees, and agents
(collectively, the “Indemnified Parties”) from and against all claims, losses,
damages, liabilities and judgments, and all fees and expenses related thereto
(including, without limitation, reasonable legal fees) incurred by an
Indemnified Party as a result of any violation by you of your agreements with
us.
- Disclaimer of Warranties
This
web site and any products or services available through the web site are
provided to you on an “as is,” “as available” basis without warranties of any
kind, either express or implied, including but not limited to any implied
warranties of merchantability, fitness for a particular purpose, quiet
enjoyment, systems integration, accuracy, and non-infringement. The company,
its parents, subsidiaries and affiliates, each such entity’s employees,
officers, directors, agents, and any other parties involved in creating,
producing or distributing the web site (“the company parties”) make no
representations or warranties that use of the web site will be uninterrupted or
error-free. You are responsible for taking all necessary precautions to ensure
that any materials you may obtain are free of viruses or any other harmful
components.
The
company parties make no warranties or representations related to the
information contained on this web site and disclaim all liability for errors or
omissions in the information presented. The company parties make no warranties
or representations related to the accuracy of any of the information contained
within this web site.
Certain
assumptions may have been made in the development of Company proposals from the
Web Site. The assumptions used, if any, in the development of Company proposals
may not be correct and may cause the final rates and benefits to differ from
those in the proposals. For a variety of reasons, including miscommunication
and/or data entry errors (including those made by Company personnel), rates and
benefits generated by this Web Site may be inaccurate. These and other factors
may also cause the final rates and benefits to differ from those included in a
proposal.
Use of
this Web Site is deemed an acknowledgement by the user of his/her understanding
and acceptance of the fact that responsibility for all information in the proposal’s
rests solely with the user, regardless of who entered the data (including an
employee of the Company Parties).
- Limitation of Liability
Your use of this web site is at your own risk. Under no
circumstances, including negligence, shall the company parties be liable in
contract, tort, negligence, strict liability, or otherwise, for any damages
whatsoever, whether special, consequential, direct, indirect, incidental,
punitive, or otherwise, that may be suffered by the user, even if the company
parties have been advised, knew or should have known of the possibility of such
damages, including but not limited to:
I. Loss of
data resulting from delays, non-deliveries, human error, technical
malfunctions, failures, omission, interruption, deletion, or defect of any
telephone network, computer online systems, computer equipment, server
providers, or software.
II. Any injury or damage to user’s or any other person’s computer
relating to or resulting from use of the web site.
III. Inability to access storage service(s).
IV. Theft, tampering, destruction, or unauthorized access to, or
alteration of content.
V. Any incorrect or inaccurate information disseminated or
provided, or the cost of procurement of any substitute products and/or services
resulting from any products, data, information, or services obtained or which
you were unable to obtain, or transactions affected.
VI. Service interruptions by any cause including without limitation
those caused by a computer virus, software bug, human action, or inaction.
VII. Any link provided in connection with the web site.
VIII. Errors or omissions of the user; or
IX. Any matter otherwise related to your use of the web site.
- Prohibited Uses of Our Web Site
By
using this Web Site, you represent that you are of legal age, and are using
this Web Site for a lawful purpose. Any use of this Web Site and information
generated by it that is in violation of any federal, state or local law or
regulation (including insurance regulations) is prohibited. You agree
that you will not use the Web Site in any of the following ways:
You
will not use our Web Site to threaten, embarrass or harass any other person or
entity or to engage in any kind of disruptive activities.
You
shall not post or transmit, either directly or by links to other sites, any
information, messages, text or other material that encourages, promotes or
discusses illegal activity or that may give rise to civil or criminal liability
or violation of federal, state, or local laws.
You
will not post or transmit, either directly or by links to other sites, any
information, messages, text or other materials that are, in the sole judgment
of the Company, abusive, defamatory, vulgar, obscene, pornographic, hateful or
racially, ethnically or in any other respect objectionable.
Except
as specifically permitted by the Terms and Conditions of our Web Site, you will
not use this Web Site to advertise, offer to buy or sell any goods or services
or otherwise use our Web Site for commercial purposes.
You
will not transmit any file or other materials that contains a virus, Trojan
horse, worm, corrupted file or other harmful programs, files, or programming
routines.
You
will not collect or attempt to collect information of any kind about other
users of our Web Site.
- Dispute Resolution
By
using the Web Site in any way, you unconditionally agree and consent that any
controversy or claim you may have against the Company Parties arising out of or
relating to these Terms and Conditions or the Web Site shall be settled by
binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Dallas, Texas, and judgment on the arbitration award may
be entered in any court having jurisdiction thereof. ACCORDINGLY, YOU
ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT, TO CLASS OR REPRESENTATIVE
PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision of
these Terms and Conditions, the Company Parties may resort to court action for
injunctive relief at any time.
- Jurisdictional and Other Matters
You are
responsible for compliance with all local laws, if and to the extent your local
laws are applicable. In addition, you and the Company Parties agree that these
Terms and Conditions and any actions arising from these Terms and Conditions or
your use of the Web Site will be governed by the laws of the State of Texas,
without respect to its conflict of law’s provisions, and applicable federal
laws and regulations, and that venue with respect to any dispute between you
and the Company or Company Parties will rest exclusively in the state and
federal courts located in the State of Texas.
You
understand and agree that the Company may from time to time establish and
revise practices and limitations concerning its Web Site and your use of it.
You agree that the Company shall have no liability for the deletion or failure
to store any messages and other communications or other content maintained on
the Web Site or transmitted using the Web Site. These Terms and Conditions
constitute the entire agreement between you and the Company with respect to the
Web Site and govern your use of the Web Site. You also may be subject to
additional terms and conditions that may apply when you use third party content
or web sites available through the Web Site. If any provision of these Terms
and Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. The failure of the Company to exercise or enforce any
right or provision of these Terms and Conditions shall not constitute a waiver
of such right or provision. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to the Web
Site, or these Terms and Conditions must be filed within one year after such
claim or cause of action arose. The Company may provide notice to you by e-mail
or regular mail. The Company may also provide notice of changes to these Terms
and Conditions at any time and from time to time by displaying notices to you
on pages of the Web Site. The section titles of these Terms and Conditions are
merely for convenience and will not have any effect on the substantive meaning
of these Terms and Conditions.
- Online Signatures and System Requirements
Connecting
onto the Web Site you signify your agreement to all the terms and conditions to
use the Web Site.
For
optimum use of the Web Site, you may need to utilize specific web browsers.
If you
have any questions about these Terms of Use, please write to us at info@rushmoreinsurance.net