Terms & conditions and Disclosures

1. ACKNOWLEDGMENT

As a user of Associated Health Plans of America Inc.’s (hereinafter “the Company”) web content, it is imperative that you review and understand the Company’s policies contained within the "Terms and Conditions of Use."   YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACKNOWLEDGEMENT OF AND CONSENT TO THE FOLLOWING TERMS, CONDITIONS OF USE, DISCLAIMERS AND PRIVACY POLICY. 

As a condition of your use of this website you warrant and represent that you will not use this website for any purpose that is unlawful, violates any third party’s rights, or is prohibited by these terms, conditions, and notices.

2. DISCLAIMER AND DAMAGE LIMITATION

Notwithstanding any language to the contrary, nothing contained herein constitutes nor is intended to constitute an offer, inducement, promise, or contract of any kind.  The Company makes no representations as to the accuracy, timeliness or completeness of the web site materials.  Your use of this website and the material herein is done at your own risk.

THE SITE, INCLUDING WITHOUT LIMITATION THE SITE INFORMATION AND ALL OTHER CONTENT PROVIDED ON THE SITE, ARE PROVIDED TO YOU "AS IS", AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SITE, THE SITE INFORMATION AND THE RESULTS AND PERFORMANCE OF THE SITE. THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS OR EMPLOYEES DISCLAIM ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. NEITHER  THE COMPANY NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS OR EMPLOYEES GIVE ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, AGAINST INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION PROVIDED ON THE SITE, THE SITE ITSELF, OR THAT IT WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE NEITHER THE COMPANY NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS OR EMPLOYEES GIVE ANY WARRANTIES AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF VIRUSES; OR ANY OTHER WARRANTY.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS OR EMPLOYEES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SITE INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS OR EMPLOYEES, OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY.

 

SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS OR EMPLOYEES’S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON SITE INFORMATION, WILL BE LIMITED TO U.S.$10.00 OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON THIS SITE OR ON SITE INFORMATION, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE KATZ AND RE/MAX, THEIR OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATORS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.

 

The company reserves the right to periodically amend, change, add, delete, update and/or alter the information contained herein, including without limitation, the terms, conditions of use, disclaimer and privacy policy, without notice.  The Company does not accept any responsibility or liability for any actions taken as a result of using this information. In no event will the Company, its agents or employees, be liable for any damages, losses or other expenses arising in connection with this site or use or inability to use thereof by any party, or in connection with any failure of performance, error, omissions, interruption, defect, delay in operation or transmission, computer virus or line system failure.

Any quotes, prices or rates identified or set forth in this website are for estimate purposes only.  Actual premium figures are determined by a myriad of factors including, but not limited to, your personal medical history, underwriting guidelines, your domicile and the benefits you choose.

Any policy issued by any provider will have deductibles, limitations of and on coverage, different benefits depending on network and no-network providers.  Prior to scheduling an appointment with any health care provider, please contact your insurance company for an explanation of benefits.

 

3. INTELLECTUAL PROPERTY OWNERSHIP

The materials on this site, including copyrighted material, service marks, trademarks, and trade names, are owned by the Company. The names, trademarks, service marks and logos of the Company and any affiliates may not be used in any advertising or publicity, or otherwise for any commercial use by any party, including other insurance agents and brokers. Any such use is prohibited by federal trademark and copyright law. This site is a copyrighted publication of the Company. No portion of this site or any news or information displayed on this site may be published, broadcast, duplicated, photocopied, faxed, downloaded, uploaded, distributed, transmitted or redistributed in any way for any purpose without the Company's prior express written permission.

 

4. EMAIL COMMUNICATIONS AND VOICEMAIL MESSAGE

4.1 Changes, Modification, Alterations and/or Cancellation: No insurance coverage whatsoever can be bound, changed, altered, amended and/or cancelled by e-mail, or voicemail message.   Insurance coverage can ONLY be changed, altered, amended and/or cancelled by speaking with a duly authorized representative of the Company. Further, you must receive express confirmation of any changes, alterations, amendments and/or cancellations from the Company or an authorized representative of the Company or its affiliates in order for it to be effective.

If you currently do not have health care coverage through one of our providers, do NOT cancel your coverage unless and until you have express confirmation of coverage from the Company or an authorized representative of the Company or its affiliates

4.2 Confidentiality:  The information contained in email communications, including attachments, is privileged and confidential. It is intended only for the exclusive use of the addressee. If the reader is not the intended recipient, or the employee, or the agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you have received the email communication in error please notify the Company by return email or telephone immediately.

5. NETWORK PRIVACY

5.1 Privacy Policy:  The Company is committed to protecting your privacy. Under no circumstances does the Company sell any consumer information to third parties. If you purchase a policy through one of our programs, we may provide confidential information about you to help facilitate your application for a health insurance policy, or in the following limited circumstances:

(a) A third party if it is necessary to effect, administer, or enforce your insurance transaction, such as policy processing or claims administration;

(b) Insurance regulatory or government authorities as required by law;

(c) Law enforcement agencies to protect our interest or to report illegal activities;

(d)In response to a valid legal subpoena or court order; and

(e) Persons or organizations conducting actuarial or other statistical studies.

5.2 Information We Collect: This notice applies to all information collected or submitted on the Company’s site and information we may obtain from you in writing or over the phone. We may collect your personal information from quote request forms, applications, or over the phone. Sample types of personal information collected are listed below. We do not share this information with outside parties except to the extent necessary to complete a plan quote, an application for health insurance, or for other coverage services.            

(a) Name

(b) Date of Birth

(c) Address

(d) Personal Habits or Hobbies

(e) Email Address

(f) Phone Numbers

(g) Social Security Number

(h) Banking Relationships

(i) Family members’ names and dates of birth

(j) Current health status and medical history

5.3 Privacy of Minor Children: In compliance with the Children’s Online Privacy Protection Act (COPPA), the Company’s website is not directed at children under the age of 15. No personal data of any child under the age of 15 will be knowingly collected without the express consent of their legal guardian.  

5.4 Privacy Policy Changes.  Our privacy and security policies are reviewed periodically. Any changes to this policy will be posted on our Web site so users are always aware of how we use the information we collect.

6. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, of and from any liability, cost,  claim or demand, including reasonable attorneys’ fees, arising from any misuse of this website or any content herein.

7. JURISDICTION/ GOVERNING LAWS

The laws of the State of California govern this terms and conditions of use policy. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in San Diego County, California for the resolution of all disputes arising out of use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company because of this policy or use of the website. You agree not to combine any claim you have arising out of the Website Privacy Policy with the claims of others.

9. CONTACT

If you have any questions or concerns pertaining to the privacy or security of your personal information, you can contact us at:

Associated Health Plans of America, Inc.

16236 San Dieguito Rd #676118

Rancho Santa Fe, CA 92091

 

10. SEVERABILITY; ENTIRE AGREEMENT.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described herein will be given effect to the fullest extent possible. This Agreement, along with any Site guidelines or policies posted on this website, constitutes the entire agreement between you and the Company  with regard to your use of the Site.