Terms Of Use

Terms Of Use

Effective as of May 16, 2011

Please read these Terms (“Terms”) carefully before using the services available through this application or on the domain youcomparemedicare.com (collectively, the “App”).  Using this App indicates that you accept these Terms.  If you do not accept these Terms, do not use this App.

This App is owned and operated by You Compare Services, LLC, a California Limited Liability Company (“YouCompare”, or “we” or “us”).  YouCompare reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting.  Visitors to, users of, and members of, the App (collectively, “User” or “You”) should these Terms periodically for changes. This App is continually under development and changes in this App may be made at any time.  Any changes are effective upon posting to this App.  These Terms incorporate the YouCompare Privacy Policy posted here www.youcomparemedicare.com/privacy.

If you disagree with the Terms, your sole remedy is to discontinue your use of this App. Your continued use after a change has been posted constitutes your acceptance of those changes.

About YouCompare

YouCompare is a professional services company focused on building new technology to support health care decisions.

Definitions

“Content” means, collectively, any contributions of creative work, whether in the form of text, audio-visual works, images or otherwise contributed by a User.

“Member” means any registered user of the App.

“Services” means the decision making tool and resulting search services that enable a User to locate health plan data.

“Users” means collectively Members and Visitors.

“Visitor” means anyone who accesses the App without logging in as a Member.

Eligibility

YouCompare is intended solely for Users who are thirteen (13) years of age or older, and any registration by, use of, or access to the App by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms.  By using the App, You represent and warrant that You are 13 or older, and further, that You agree to abide by all of the terms and conditions of this Agreement.  If You are under 18, you affirm that you are either an emancipated minor or possess legal parental or guardian consent to access and use the App. YouCompare may terminate Your account, project, and any Content or information that You have posted and/or prohibit You from using or accessing the App for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that You are under 13.

User Registration

There are portions of this App that we make available to users in the general public without registering and you may visit or browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.  There are other features of this App that we make available only to users who register to use this App, which you may do at no cost.

If you register to use this App, you agree to provide, maintain and update true, accurate, current and complete information about yourself when registering.  If you do not provide such information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of this App.  You may only have one active account on this App at any given time and only you may use your designated account to access the App.  You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this App by emailing us at legal@YouCompareServices.com or by using the “report” function on the relevant section of the App.  In addition, you agree to exit from your account at the end of each session.  We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.  You may cancel your account at any time via the App.  Likewise, YouCompare reserves the right to terminate a User’s access to the App at any time in YouCompare’s sole discretion and without prior notice.

All YouCompare registrations become the exclusive property of YouCompare, its affiliates, successors in interest, and subsidiaries. YouCompare reserves the right to use and reuse all registration data and other personally identifiable user information subject to the YouCompare Privacy Policy.  Use of this App is governed by this policy, available at www.youcomparemedicare.com/privacy.

Prohibited Activities

The following are prohibited activities which could lead to the termination of a User account and/or Your use of the App:

  • Send or otherwise transmit to or through this App any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this App or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity or affiliation in any way;
  • Restrict, discourage, or inhibit any person from using this App, disclose personal information on this App or obtained from this App, or collect information about users of this App;
  • Reverse engineer, disassemble or decompile any section or technology on this App, or attempt to do any of the foregoing;
  • Gain unauthorized access to this App, other users’ accounts, names, or personally identifiable information, or other computers or Apps connected or linked to this App;
  • Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this App in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through this App chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
  • Violate any applicable laws or regulations or these Terms;
  • Assist or permit any persons in engaging in any of the activities described above;
  • You represent and warrant that any Content You contribute shall not be defamatory, nor shall it violate anyone’s right of privacy or publicity, not shall it infringe any copyright, trademark, patent, or other personal or proprietary right of any person or entity; or
  • You will obtain releases, consents, and permissions for use of all materials, trademarks, content, and persons depicted or included in any Content you contribute.

YouCompare’s Intellectual Property Rights

The App, including without limitation, the text, YouCompare’s proprietary plan selection software (the “Software”), reviews, graphics, photos, sounds, music, videos, interactive features and the like, are owned by or licensed to YouCompare, subject to trademark, copyright, and other intellectual property rights under United States and foreign laws and international conventions.

YouCompare does not transfer title to the Software to you.  While you may own the hardware through which the Software is accessed, YouCompare retains full and complete title to the Software, and all intellectual property rights therein.  You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving YouCompare, or another company where so indicated, prior written notice of such activities.

You acknowledge that anything you submit to this App may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and that although we endeavor to provide substantial security measures to protect personal content (referred to herein as “Confidential Material”), we cannot guarantee the confidentiality or privacy of any submission and are not liable for any damages resulting from the disclosure of Confidential Material.  YouCompare is not liable for any damages resulting from the loss of, or the loss of access to, any Content submitted by you to our App due to problems with our software or computers used by us; however, we will use our best efforts to recover any Content lost in such fashion.

Termination

YouCompare may terminate Your use of this App or any of our features or services at any time and for any reason without notice for conduct violating these Terms.  Upon any such termination, you must destroy all Content obtained from this App and all copies thereof.  The provisions of these Terms concerning App security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

WARRANTY DISCLAIMER

The services and search results associated with this App is provided to You “AS-IS” for Your information and personal use only.  You agree that You will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any commercial or other purpose whatsoever any Content without the prior written consent of YouCompare, or except as expressly permitted herein.  If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained herein.  You agree not to circumvent, disable, or otherwise interfere with the security related features of the App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the App or the Content herein.  You agree not to use the Marks for any purpose without the prior written authorization of YouCompare.

YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, YOUCOMPARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF. YOUCOMPARE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S SEARCH RESULTS, CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ASSOCIATED WITH ITS SEARCH FUNCTION AND HEALTH PLAN SELECTION TOOLS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUCOMPARE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP OR THE SERVICES MADE AVAILABLE VIA THE APP. YOUCOMPARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY HYPERLINKED APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUCOMPARE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE APP, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE APP, INCLUDING WITHOUT LIMITATION USE OF THE HEALTH PLAN SELECTION TOOLS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You.

In addition, please note that the App may include technical inaccuracies or typographical errors. YouCompare has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the App, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the YouCompare Services on any particular device or communications service. YouCompare has no obligation to provide You with notice of any such changes, and YouCompare is under no obligation to provide You with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the App.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL YOUCOMPARE BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM 1) THE USE OF THIS APP OR THE MATERIALS ON IT, 2) THE INABILITY TO USE THIS APP OR THE MATERIALS ON IT, 3) THE MISAPPROPRIATION OF MATERIALS, OR 4) THE LOSS OF, OR DAMAGE TO, MATERIALS FOR ANY REASON, EVEN IF YOUCOMPARE OR A YOUCOMPARE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless YouCompare, its shareholders, business partners, directors, officers, employees, agents, Users, or third party sponsors, subsidiaries, affiliates, successors, and assignees, at Your sole cost and expense, from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use of the App and from any Content you contribute to the App.  YouCompare reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with YouCompare in asserting any available defense.  You shall not settle any indemnified claim without YouCompare’s prior written consent.

Trademarks

All trademarks, service marks, logos and trade names on this App, whether registered or unregistered, including but not limited to YouCompareMedicare.com and YouCompareServices, LLC, are proprietary to YouCompare or to other companies where so indicated.  You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Links to Third Party Web Sites

As you view this App, you may notice links to third-party websites.  If you use these links, you will leave this App.  Certain of these linked websites may make use of YouCompare proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from YouCompare.  YouCompare is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party websites.  In addition, providing links to these websites should not be interpreted as endorsement or approval by YouCompare of the organizations sponsoring such third-party websites or their products or services.  These Terms do not apply to any other websites.

Jurisdictional Issues

This App is controlled and operated by YouCompare from its offices within the State of California, United States of America. YouCompare makes no representation that materials in the App are appropriate or available for use in other locations.  Those who choose to access this App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Access to this App from jurisdictions where the contents of this App are illegal or penalized is prohibited.

Entire Agreement; No Waiver; Severability

These Terms constitute the entire agreement between You and YouCompare regarding the use of the App, superseding any prior agreements between You and YouCompare relating to your use of the App. The failure of YouCompare to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Claims of Copyright Infringement

YouCompare respects the intellectual property of others. If You believe that Your copyrighted work has been copied and is accessible on the App in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), You may send a notification of claimed copyright infringement to YouCompare’s designated agent at legal@youcompareservices.com.

Governing Law; Venue

These Terms and the validity, construction, and performance thereof will be governed in all respects by the laws of the State of California, without regard to its choice of law provisions. You irrevocably agree that any action proceeding arising from or relating to this agreement may be brought only in the courts of California or the U.S. District Court located in Los Angeles, California, consent, for Yourself and in respect of Your property, to the jurisdiction of each such court in any such action or proceeding, and waive any objection to proceeding in such venue, including that the forum is inconvenient.

Contact

If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to legal@YouCompareServices.com or via a letter to You Compare Services, LLC, 430 ½ Narcissus Ave, Corona del Mar, CA 92615.  We will endeavor to respond to you promptly.