Web Site Terms and Conditions

Website Terms of Use

Last Modified: May 5, 2018

 

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Valisure, LLC (“Valisure,” “we,” “our,” or “us”).  The following terms and conditions (these “Terms of Use”) govern your access to and use of this website, including any content, functionality and services offered on or through the website (the “Site”).  Please read these Terms of Use carefully before you start to use the Site.  By using the Site you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at https://www.valisure.com/privacy-policy/, incorporated herein by reference.  If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions.  By using this Site, you represent and warrant that you are of legal age to form a binding contract with Valisure and  meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Site.  We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site, you do so on your own initiative and are responsible for compliance with applicable laws where you are located.  If you do not meet all of these requirements, you must not access or use the Site.

 

Changes to the Terms of Use/Updates to Site

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.

We also reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.  We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

 

Not Medical Advice
Valisure offers the information on this Site for general information and educational purposes only.  The content on this Site is not intended for medical diagnosis or treatment.  Always seek the advice of your doctor or other qualified health provider.  Never disregard medical advice or delay seeking it because of something you have read on this Site.  The information presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.

 

Electronic Communications

By visiting the Site or by sending e-mails to us, you are knowingly and voluntarily consenting to receive communications from us and our affiliates electronically.  We will communicate with you by e-mail or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  If you would like to opt-out of receiving electronic communications from us you may do so by contacting us at info@valisure.com or by using the unsubscribe functions at the bottom of our communications.

To obtain future information on Valisure, its affiliates, or this Site you may be asked to provide Valisure with certain personal information, such as your name and email address.  It is a condition of your use of the Site that all the information you provide is correct, current and complete and you shall maintain the accuracy of such information.  All information we collect about you on this Site is governed by our Privacy Policy.  By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Intellectual Property Rights

The trademarks, service marks, trade names, and trade dress on and copyrights to the content of this Site, as well as all source code, databases, functionality, software, website design, videos, text, photographs, and graphics are the property of Valisure or its content suppliers and protected by United States and international laws.  Nothing in this Site grants to you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, software or other content displayed on this Site without prior written permission of Valisure.  Your use or misuse of any intellectual property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited.  This restriction includes copying, reproducing, or modifying any content of this Site for any purpose other than your own personal use.

From time to time you will have the ability to contribute content, including without limitation comments and suggestions, to this site.  You hereby grant Valisure an irrevocable, perpetual, worldwide, sublicensable, transferable right to use such content for any purpose.

 

Prohibited Uses

You agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms of Use.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site.  You agree that you are responsible for your own conduct while using the Site and for any consequences thereof.  You agree that Valisure shall decide, in its sole discretion, if your conduct violates any aspect of these Terms of Use and that Valisure may take whatever action it deems appropriate to address such violation, including without limitation notification of appropriate authorities and removal of your access to the Site.

 

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Site

If the Site contains links to other websites or resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

 

Disclaimer

You agree that the information provided by Valisure on or through this Site (including any products, graphics, software, recommendations or other materials) and any materials or products made available through this Site are provided “as is” and without warranties of any kind, either express or implied.  To the fullest extent permissible pursuant to applicable law Valisure disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Valisure does not warrant or make any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise.  Valisure makes no warranty that (i) the operation of the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected.  You (and not Valisure) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Site.

 

Limitation on Liability

IN NO EVENT WILL VALISURE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless Valisure, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use; (b) your use of any information obtained from the Site; (c) any information you submit, share, or upload on or to the Site; and/or (d) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party.

Governing Law and Jurisdiction

These Terms of Use are governed under the laws of the State of Connecticut without regard to its conflict of law provisions.  In the event of any dispute arising from these Terms of Use or general use of the Site, such dispute shall be resolved through binding arbitration in Hartford or New Haven County Connecticut under the rules of the American Arbitration Association.

Waiver and Severability

No waiver by Valisure of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Valisure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Valisure with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns

This Site is operated by Valisure LLC located at 5 Science Park, 3rd Floor, New Haven, CT 06511.  All feedback, comments and other communications relating to this Site should be directed to info@valisure.com.