ChoiceScripts Legal Statement
By using ChoiceScripts’s websites or any ChoiceScripts products, software, mobile applications, or other electronic or web-based services (collectively referred to as the “Service”), you agree to the following terms and conditions. Your continued access or use of the Service shall be deemed your acceptance of this Legal Disclaimer.
Products and Services Provided by ChoiceScripts Corporation Subsidiaries
“ChoiceScripts” is a registered service mark of ChoiceScripts Intellectual Property, Inc., licensed for use by ChoiceScripts Corporation and its operating subsidiaries. ChoiceScripts Corporation is a holding company and is not an insurance or an operating company. Therefore, products and services are provided exclusively by such operating subsidiaries and not by ChoiceScripts Corporation. “ChoiceScripts” may refer to ChoiceScripts Corporation itself or one or more of its subsidiaries, but when used in connection with the provision of a product or service, always refers to a subsidiary.
Product Descriptions – Not Available in all States
The product descriptions, if any, provided on the Service are not intended to constitute offers to sell or solicitations in connection with any products or services. Some products may not be available in all jurisdictions. Anyone interested in a particular product should contact the indicated ChoiceScripts business to determine whether the product is available in their jurisdiction and to request a copy of the applicable policy or prospectus for a complete description of the product.
Links to ChoiceScripts Web Sites
A. Text Links
ChoiceScripts grants a nonexclusive, limited permission to the owners of other websites (“Linking Site Owners”) to link to ChoiceScripts websites using text links. Such link shall not (a) suggest that ChoiceScripts promotes or endorses any third party’s causes, websites, products or services, or (b) be used or associated with any inflammatory, pornographic, defamatory or unlawful site or materials in any way, or in any manner that would disparage or adversely affect the name, reputation and goodwill of ChoiceScripts and its products and services.
ChoiceScripts retains and reserves all rights to its domain names, trade names, trademarks and logos, copyrights and all other intellectual property. We reserve the right to withdraw permission for any link.
Linking Site Owners shall indemnify, defend and hold harmless ChoiceScripts from and against all liability, demands, claims, suits, losses, damages, infringement of proprietary rights, causes of action, fines, or judgments (including costs, attorneys’ and witnesses’ fees, and expenses incident thereto), arising out of their failure to comply with the terms and conditions of this “Links to ChoiceScripts Websites” section.
B. Logo Links
Linking Site Owners who desire to link to ChoiceScripts web sites using ChoiceScripts’s logo must comply with the requirements set forth by ChoiceScripts’s President.
Links to Non-ChoiceScripts Websites or Content
While using the Service, you may access certain social media and other websites, services or applications. If such website, service or application is operated by ChoiceScripts, it will display the ChoiceScripts brand and be subject to our Privacy Information and this Legal Disclaimer. If such website, service or application is not operated by ChoiceScripts (a “Non-ChoiceScripts site”), ChoiceScripts neither reviews, controls, nor endorses the content and accuracy of any such Non-ChoiceScripts site, and therefore will not be responsible for its content and accuracy. Also, while using or accessing Non-ChoiceScripts Sites, you may have information displayed or collected about you based on certain user-controlled settings or according to the privacy policies of the Non-ChoiceScripts Sites. The privacy policies of Non-ChoiceScripts Sites may not be the same as ChoiceScripts’s Privacy Information. Your access to Non-ChoiceScripts Sites is at your sole risk.
All material including any link to other sites and content found at linked sites is provided “as is” and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose. Due to the nature of the Internet, ChoiceScripts does not warrant that access to ChoiceScripts web sites or any of their pages will be uninterrupted or error free. ChoiceScripts does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on ChoiceScripts web sites. Note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. Please check your local laws for any such restrictions.
Viruses, Worms, Use of Files
ChoiceScripts cannot and does not guarantee or warrant that files available for downloading from the Service are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. ChoiceScripts does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or fitness for a particular purpose) with respect to the files available for downloading from the Service. In no event will ChoiceScripts be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from the Service. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited unless prior written consent is obtained from the appropriate ChoiceScripts copyright holder.
The health information on the Service is provided by ChoiceScripts solely for informational purposes as a public service to promote consumer health. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a physician. ChoiceScripts assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on the Service. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis.
There are references throughout the Service to various trademarks or service marks and these, whether registered or not, are the property of their respective owners.
Web-Enabled Mobile or Handheld Devices
Certain web and smartphone applications of the Service have been designed to run on a personal computer, standard laptop or web-enabled mobile device. If you view or use the Service on a mobile or handheld device, you may experience some display and functionality limitations. You may experience varying wireless network coverage and speed, depending on your geographic location and telecommunications provider. The Service should not be used while operating any motor vehicle, or in any other manner that might endanger yourself or others.
If your mobile device uses Global Positioning System (GPS) technology, trackers, or other location tracking tools, your location information may be used for purposes of determining your location when using a function on the Service that uses such information. While using the Service, if you allow your location information to be obtained, we will use this information solely to return your estimated location and to provide you with more personalized results and/or services. ChoiceScripts does not monitor your GPS tracking or location information and does not save this information. We will not use this information to identify you or disclose this information to any third parties.
By using the Service you expressly agree and acknowledge that ChoiceScripts shall not responsible for any of the following: (a) performance limitations and/or failures experienced in connection with any wireless or Wi-Fi service used to access the Service; (b) data transmitted through wireless access that may be intercepted by unauthorized persons; or (3) your failure to physically secure and/or monitor your personal computer, laptop or wireless device or to protect your passwords, resulting in unauthorized access to the Service and/or your ChoiceScripts account or plan information.
While using any web-enabled mobile or handheld device to use the Service, standard mobile phone carrier and data usage charges will apply. You expressly agree and acknowledge that the use of any mobile or handheld device is at your sole risk and shall be in accordance with all applicable local, state and federal laws.
Updates and Reverse Engineering
By using the Service, you agree to receive any applicable software updates that may be issued from time to time by ChoiceScripts. You agree to accept and install such updates as part of your use of the Service. You also agree not to reverse engineer, modify, decompile, adapt, translate, disassemble, or otherwise attempt to discover the source code of the Service and/or any ChoiceScripts application.
Limitation of Liability
You agree by accessing the Service that under no circumstances or any theories of liability under international or civil, common or statutory law including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will ChoiceScripts be liable for damages of any kind occurring from the use of the Service or any information, goods or services obtained on the Service including direct, indirect, consequential, incidental, or punitive damages (even if ChoiceScripts has been advised of the possibility of such damages), to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages so some of these limitations may not apply to you.
Minors and the Children’s Online Privacy Protection Act
Except as expressly stated upon initial access to a specific ChoiceScripts application or website, or section of such application or site, the Service does not direct content to Minors and do not intend to collect personal information from Minors and therefore are not subject to the Children’s Online Privacy Protection Act.
If you allow your minor child, or a child for whom you are legal guardian (a “Minor”), to access and use the Service, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of the Service; and (iii) the consequences of any use.
The Digital Millennium Copyright Act
ChoiceScripts reserves the right, but not the obligation, to terminate your access to the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. ChoiceScripts and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. ChoiceScripts has implemented procedures for receiving written notification of claimed infringements notification of claimed infringement is:
Any notice regarding any infringement of copyright or of other proprietary rights must include the following information
- A signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably enough to permit us to locate the material.
- Information reasonably enough to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
If you choose to access the Service from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable.
Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from the Service to a foreign national or foreign country in violation of those laws.
ChoiceScripts complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. ChoiceScripts does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
If you believe that ChoiceScripts has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance by sending an email to ACAGrievance@ChoiceScripts.com.
If you need assistance filing a written grievance, please call the number on the back of your ID card or send an email to ACAGrievance@ChoiceScripts.com. You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights electronically through the Office for Civil Rights Complaint Portal, available at ocrportal.hhs.gov/ocr/portal/lobby.jsf
Complaint forms are available at www.hhs.gov/ocr/office/file/index.html