3. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego, California in all disputes arising out of or related to the use of the site.
4. AGE. The site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.
5. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
6. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
9. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is expressly incorporated into this Agreement by this reference.
11.Disclaimers; No Warranties.THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE RATETAKE.COM ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE.
THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS. WITHOUT LIMITING THE FOREGOING, THE RATETAKE.COM ENTITIES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THOSE IN CONNECTION WITH THE TRAVEL SERVICES, THE ASK AN ADVISOR PLATFORM OR MEDICAL BILL MANAGEMENT AND PATIENT ADVOCACY SERVICES. THE FACT THAT THE SERVICE INCLUDES OR DISPLAYS ANY THIRD PARTY PRODUCT OR SERVICE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE THIRD PARTY PRODUCT OR SERVICE. THE RATETAKE.COM ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF YOUR INTERACTION WITH ANY THIRD PARTY OR THE CONDUCT, PRODUCTS OR SERVICES OF ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING, WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC HEALTH ADVOCATES, INSURANCE COMPANIES, HEALTH CARE PLANS, SPECIFIC TESTS, PHYSICIANS, CLINICS, PROCEDURES, OPINIONS, PRODUCTS OR OTHER INFORMATION THAT MAY APPEAR THROUGH THE SERVICE.
THE RATETAKE.COM ENTITIES DO NOT MAKE ANY REPRESENTATION, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICE.
THE INFORMATION PROVIDED THROUGH THE SERVICE IS PROVIDED “AS IS” AND SOLELY FOR INFORMATIONAL PURPOSES, NOT FOR INVESTMENT PURPOSES OR ADVICE. THE RATETAKE.COM ENTITIES ARE NOT ENDORSED BY OR AFFILIATED WITH FINRA. THE HELPFULNESS OF AN ADVISOR’S ANSWER OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE IS NOT INDICATIVE OF FUTURE ADVISOR PERFORMANCE OR SERVICE PERFORMANCE. THE CONTENT PROVIDED THROUGH THE SERVICE IS INTENDED ONLY TO ASSIST YOU WITH FINANCIAL DECISIONS AND IS BROAD IN SCOPE AND MAY NOT CONSIDER YOUR COMPLETE PERSONAL SITUATION. YOUR PERSONAL SITUATION IS UNIQUE AND THE INFORMATION AND ADVICE MAY NOT BE APPROPRIATE FOR YOUR SITUATION. ACCORDINGLY, BEFORE MAKING ANY FINAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, RATETAKE.COM RECOMMENDS THAT YOU OBTAIN ADDITIONAL INFORMATION AND ADVICE OF YOUR ACCOUNTANT AND OTHER FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. THE RATETAKE.COM ENTITIES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED THROUGH THE SERVICE, OR ANY ADVISOR. RATETAKE.COM DOES NOT ENDORSE ANY PARTICULAR ADVISOR AND CANNOT GUARANTEE THE QUALITY, OR RELIABILITY OF ANY SERVICES PROVIDED BY ANY ADVISORS, INCLUDING ANY IN THE ASK AN ADVISOR DIRECTORY.
FURTHERMORE, ANY FINANCIAL INFORMATION PROVIDED BY AN ADVISOR OR RATETAKE.COM AND RELATED TO THE PROVISION OF HEALTHCARE SERVICE IS INTENDED TO PROMOTE BROAD CONSUMER UNDERSTANDING AND KNOWLEDGE OF THIRD-PARTY COVERAGE FOR THOSE SERVICES AND IS NOT PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT ADVICE. RATETAKE.COM RECOMMENDS THAT YOU ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE RATETAKE.COM ENTITIES IS A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER, PHYSICIAN, MEDICAL SERVICES PROVIDER OR OTHER FINANCIAL, MEDICAL OR HEALTH SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT RATETAKE.COM ACTS SOLELY AS AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS (INCLUDING ADVISORS) AND, THEREFORE, THE RATETAKE.COM ENTITIES EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
THE RATETAKE.COM ENTITIES ARE NOT RESPONSIBLE FOR THE LOSS OF, DAMAGE TO OR UNAVAILABILITY OF ANY INFORMATION YOU HAVE MADE AVAILABLE THROUGH THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR INSURING THAT YOU HAVE BACKUP COPIES OF ANY INFORMATION YOU HAVE MADE AVAILABLE THROUGH THE SERVICE.
12. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY RATETAKE.COM. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
14. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
16. COPYRIGHT. All contents of Site or Service are: Copyright © 2016. All rights reserved.
18. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
19. UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and the United States.
20. AMENDMENTS. Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
(a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.
21. Accounts and Registration. To access some features of the Service you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you agree to immediately notify us at firstname.lastname@example.org
22. Contacting an Advisor. RateTake.com may allow you to request a consultation with or otherwise contact specific Advisors of your choice. When you request a consultation with or contact specific Advisors of your choice through the Service (e.g., by clicking the “Contact Advisor” button associated with a particular Advisor), RateTake.com will provide your information to that particular Advisor. The requested Advisor may then contact you directly with regard to your request. RateTake.com has no control over the means by which the Advisor may contact you.
23.Advisors. Your contact with, or use of an Advisor contacted through the Service, may create a special relationship between you and your selected Advisor, but does not create any legal relationship between RateTake.com and you except under these Terms. Advisors provide information that RateTake.com does not verify, validate or confirm. RateTake.com does not endorse any particular Advisor and cannot guarantee the quality or reliability of any services provided by any Advisor in the Ask an Advisor Directory. RateTake.com cannot perform a check for conflicts of interest between you and an Advisor.
24.Prequalified Credit Card Offers.
- Service Overview. RateTake.com may provide a platform for users to pre-qualify for certain credit card offers. You must authorize RateTake.com to communicate your personal identifying information that you provided to one or more participating credit card issuers (i.e. American Express) and to a consumer reporting agency. RateTake.com may utilize your consumer report information, including your credit score, to determine which credit card products might be available to you based on credit criteria made available to the consumer reporting agency by participating credit card issuers.
- CERTAIN DISCLAIMERS. IN ADDITION TO THE DISCLAIMERS IN SECTION 16, RateTake.com DOES NOT GUARANTEE THAT YOU WILL BE APPROVED BY THE CREDIT CARD ISSUER OR THAT A CARD WILL BE ISSUED TO YOU. IF YOU WISH TO APPLY FOR A CREDIT CARD WITH A PARTICIPATING CREDIT CARD ISSUER, YOU WILL NEED TO CLICK THROUGH AND MAKE THE APPLICATION DIRECTLY WITH THAT ISSUER. RateTake.com DOES NOT RETAIN ANY OF YOUR PERSONAL IDENTIFYING INFORMATION OR YOUR CONSUMER INFORMATION, EXCEPT AS A RECORD THAT YOU HAVE ELECTED TO USE THIS PLATFORM. WHEN YOU YOUR PERSONAL IDENTIFYING INFORMATION IS PROVIDED BY RateTake.com TO A CONSUMER REPORTING AGENCY, YOU UNDERSTAND THAT YOUR CONSUMER REPORT RECORDS WILL INDICATE THAT RateTake.com HAS MADE A CREDIT INQUIRY ABOUT YOU. RateTake.com WILL NOT BE ABLE TO TELL YOU WHY YOU DID OR DID NOT APPEAR TO QUALIFY FOR ANY PARTICULAR CREDIT CARD ISSUER.
- User Content Generally. Certain features of the Service may permit users to post content, including text messages, online messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively called, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.
- Limited License Grant to RateTake.com. By posting User Content, you grant RateTake.com a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by RateTake.com may be without any compensation paid to you.
- Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.
- User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize RateTake.com and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you and in the manner contemplated by RateTake.com and these Terms;
- Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
26.Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
- post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- interfere with security-related features of the Service, including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, or (iii) attempting to collect, personal information about users or third parties without their consent;
- perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth; or
- sell or otherwise transfer the access granted herein or any Materials
27. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on RateTake.com Web Site, are registered and unregistered Trademarks of RateTake.com and others. Nothing contained on the RateTake.com Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of RateTake.com or the third party that may own the Trademarks displayed on the RateTake.com Web Site. Your misuse of the Trademarks displayed on the RateTake.com Web Site, or any other content on the RateTake.com Web Site, except as provided in this Agreement, is strictly prohibited. You are also advised that RateTake.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.The technology underlying, and content within, the Services is owned by RateTake.com and/or its licensors (including RateTake.com advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.
28. Termination of Use; Discontinuation and Modification of the Service. If you violate these Terms, your permission to use the Service will automatically terminate. Additionally, RateTake.com, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at email@example.com.
29. Modification of the Terms. We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. If we make reasonable efforts to notify you of such change (for example, by providing you notice through a pop-up or banner within the Service, by sending an email to any address you may have provided us, or through other similar mechanisms), your continued access and use of the Service will be deemed to be acceptance of the modified terms. If you do not accept the modified terms, we may terminate your access to and use of the Service. Material modifications are effective upon your acceptance of such the modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.
30. Ownership; Proprietary Rights. The Service is owned and operated by RateTake.com. The visual interfaces, graphics, design, reports, analyses, informational content, computer code (including source code or object code) and any other copyrighted materials, products, software, services, and all other elements or contents of the Service provided by or on behalf of RateTake.com (the ”Materials”) are protected by all applicable intellectual property and proprietary rights laws. Except for any User Content, all Materials contained in the Service or as presented on any RateTake.com website, are the property of RateTake.com or our third-party licensors. EXCEPT AS EXPRESSLY AUTHORIZED IN WRITING BY RateTake.com OR AS PERMITTED ON THIS WEBSITE OR UNDER APPLICABLE LAW, YOU MAY NOT REPRODUCE, REPUBLISH, DISPLAY, OR OTHERWISE MAKE USE OF ANY MATERIALS INCLUDING MODIFYING, TRANSFORMING, TRANSLATING OR OTHERWISE USING PORTIONS OF THE MATERIALS FOR ANY REPUBLICATION PURPOSE, EITHER COMMERCIALLY OR FOR PRIVATE USE. If we determine, at our sole discretion, to grant you permission to republish the Materials, this permitted use of the Materials must cite RateTake.com (or its licensors) as the source and copyright holder of the Materials in accordance with attribution and copyright guidelines provided to you by RateTake.com. If we grant you republication rights, you are not able to use the Materials in any manner inconsistent with the written approval provided to you by RateTake.com. RateTake.com reserves all rights to the Materials not expressly granted in these Terms.
31. Indemnity. You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless RateTake.com and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.