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Description of Service
Bright Health is providing Visitor (that’s you) with information about its products and services along with the ability to research insurance plans, request quotes for coverage, request product information, complete customer satisfaction surveys, and apply for job openings and provide tools and resources to engage members in their health and wellness. Visitor must provide (1) all equipment necessary for his/her own Internet connection, including computer and modem and (2) provide for Visitor’s access to the Internet, and (3) pay any fees related with such connection.
Disclaimer of Warranties
The site is provided by Bright Health on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Bright Health makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. Bright Health shall have no liability for any interruptions in the use of this Website. Bright Health disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
BRIGHT HEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BRIGHT HEALTH SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BRIGHT HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Visitor agrees to indemnify and hold Bright Health, its parents, subsidiaries, business partners, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor’s computer, of any intellectual property or any other right of any person or entity. This includes products and services that are hosted on www.BrightHealthPlan.com, as well as any created or developed by a third-party vendor or partner which are integrated on the Bright Health domains.
Modifications and Interruption to Service
Bright Health reserves the right to modify or discontinue the Service with or without notice to the Visitor. Bright Health shall not be liable to Visitor or any third party should Bright Health exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that Bright Health does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Disclaimer Regarding Accuracy of Wellness Information
The tools and resources that we provide on our website to engage members in their health and wellness have been compiled from publicly available sources. While Bright Health makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any i nformation provided on this Website.
Compliance with Laws
Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. If Visitor violates these terms and conditions or applicable law in any way, Bright Health may take such action as Bright Health deems appropriate to deal with the violation, including suspending Visitor’s access to the Website, prohibiting Visitor from accessing the Website, blocking computers using Visitor’s IP address from accessing the Website, contacting Visitor’s internet service provider to request that they block Visitor’s access to the Website and/or bringing court proceedings against Visitor.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2016 Bright Health, with all rights reserved, or is the property of Bright Health and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Bright Health is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Bright Health. BrightHealthPlan.com and Bright Health are proprietary marks and may not be used in connection with any product or service that is not provided by Bright Health, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bright Health. All other trademarks displayed on Bright Health’s Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the Websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Bright Health.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Bright Health designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Bright Health General Counsel, 219 N. 2nd Street, Suite 310, Minneapolis, MN 55401.