(Last updated: June 7, 2018)
Please note that the Services are operated in and targeted to consumers in the United States. The Services are not intended for residents of the European Union or Canada or any other country outside the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States and may be stored on servers in the United States.
QUICK GUIDE TO CONTENTS
- INFORMATION WE COLLECT
- HOW WE USE YOUR INFORMATION
- DISCLOSURE OF YOUR INFORMATION
- YOUR CHOICES AND OPT-OUT OPTIONS
- YOUR CALIFORNIA PRIVACY RIGHTS
- CHILDREN'S PRIVACY
- DATA SECURITY
- THIRD PARTY CONTENT, LINKS, AND PLUG-INS
- CONTACT US
- INFORMATION WE COLLECT
There are several ways we may obtain information from or about users of the Services, including the information described below.
- Information You Provide
We collect personal information from you when you choose to share it with us. This may include when you use our Services, request a quote, fill out forms or fields on the Site, create or submit an application, request information from us, sign up for newsletters or our email list, participate in a survey or promotion, or when you otherwise communicate with us or request information from us, whether via email or other means.
The personal information we collect may include your name, postal address, e-mail address, and phone number. You may also be required to provide certain information to complete an online application, request a quote, or receive certain offers. This information may include, but may not be limited to, gender, zip code, birth date, government-issued identification number (such as a Driver's License number), Social Security Number (SSN), credit/debit card number and/or financial account information, or certain medical and health information.
- Information Automatically Collected on the Site
Whenever you visit or interact with the Site, we may use a variety of technologies, such as cookies, web beacons, pixel tags, log files, local shared objects (Flash cookies), HTML5 cookies, or other technologies, to automatically or passively collect certain information about visitors to our Site and interactions with our emails, online advertisements and offers.
Please note that we automatically collect the following information about you:
Information Collected From Other Sources
- Computer or Device Information. We may automatically collect your Internet Protocol ("IP") address or other unique identifier or information from the computer, mobile device, tablet or other device you use to access the Site, including but not limited to your browser type, device type, operating system, software version, phone model, phone operating system, and the domain name from which you accessed the Site.
- Usage Information. We also may collect information about your use of the Site, including the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing or using the Site, the number of times you return to the Site, other click-stream or site usage data, emails that you open, forward or click-through to our Site, and other sites that you may visit.
- Our Third Party Service Providers. We may use third party service providers to support our Site. Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or HTML5 cookies to receive, collect, and store information.
We may acquire information from other sources as follows:
- From other trusted third-party sources to update or supplement the information that you provide or that we collect automatically. This includes, for example, information from public databases or data aggregators (which may include your demographic information, previous purchases, lifestyle preferences, or information to validate or update the information we collect from or about you).
- From our partners and service providers (including, for example, business partners, analytics vendors, advertising networks and search information providers).
We may use this information to help us maintain the accuracy of the information we collect, personalize your experience with the Services, target our communications so that we can inform you of products, services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business analysis or other business purposes.
Combination of Information
We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through our Services, as well as information collected offline, across other computers or devices that you may use, or from third party sources.
HOW WE USE YOUR INFORMATION
- Information Use by or on Behalf of Us
We may use the information we collect from or about you to:
- Confirm, process, or otherwise complete a transaction or transactions requested by you;
- Provide customer support (including, responding to your requests), troubleshoot and resolve problems and disputes;
- Contact you to verify the information you provide to us, or otherwise contact you when necessary;
- Understand and anticipate your needs and preferences;
- Provide you with customized Site content, targeted offers, and advertising on the Site, via email, direct mail, by phone, or across other websites, mobile applications, social media or online services from us or on behalf of our partners and affiliates;
- Provide you with promotional materials, newsletters, offers and personalized information from us or on behalf of our partners and affiliates;
- Protect the security and integrity of the Services, and our business;
- Conduct internal reviews of the Services, administer this Site's systems, and review the usage and operations of our Services and improve our content, products, and services;
- Develop, analyze, enhance and market our products and services or the products and services of third parties;
- To use your data in an aggregated non-specific format for analytical and demographic purposes;
- Manage our business and operations;
- Meet legal and regulatory requirements;
- Provide administrative communications to you;
- Submit your credit card or other payment information when ordering and/or purchasing products and/or services through the Services; and
Additionally, if you use the Services to connect with third party services you authorize us to use information from and about you, on your behalf, to interact with these third party services based on your requests.
How We Use Your Information for Interest-Based Advertising
We also may display interest-based ads through Facebook, Twitter, or other social media platforms or websites. This is done through the Facebook Custom Audiences, Twitter Tailor Audiences, or other similar business tools. These tools allow us to personalize our ads based on your shopping experience with us, without having to share your personal information with these social media platforms. We do this only by sharing hashed information (which converts your email or phone number to a unique string of numbers and letters) that the social media platform then matches data against its own data for the limited purpose of serving advertisements (either directly to you or to other lookalike audiences). The matched and unmatched hashes are then deleted, and are not used for any other purpose.
For information on your choices with respect to interest-based ads, see the "Interest Based Advertising Choices" section below.
DISCLOSURE OF YOUR INFORMATION
- Information You Disclose to Third Parties
- Information We Share with Others
We may disclose the information we collect from or about you as described below:
- Subsidiaries and Affiliates: We may share your information with our affiliated companies (i.e., companies under common ownership, control or management with us) for business, operational, promotional and marketing purposes.
- Service Providers: We may share your information with our third party service providers so that they may provide support for our internal and business operations, including for the handling of data processing, data storage, surveys, research, internal marketing, delivery of promotional and transaction materials, and this Site's maintenance and security;
- For Promotional Purposes: We may disclose your information to our sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers on our Site, or across other third party sites, mobile application, social media, or other online services. This information may be used by such third parties for those parties' own purposes, such as to offer products or services that may interest you.
- Your Agent: To any person who, in our reasonable judgment, is authorized to receive your personally identifiable information as your agent, including as a result of your business dealings with that person (for example, your attorney);
- Aggregate or Anonymous Non-Personal Information: We may also share aggregate, anonymous, or de-identified non-personal information with third parties for their marketing or analytics uses.
We also may share your information as otherwise disclosed to you at the time of collection.
Your Requests for Quotes and Services or Submission of Online Applications
Certain portions of this Site may allow you to provide your personal information to one or more third parties, such as insurance providers ("Requested Service Providers") in order to request a quote, services or information from Requested Service Providers (e.g., by clicking "Submit" or "get your quotes") (a "Request") or to submit your information to Requested Service Providers through an online application ("Application"). If you make a Request or submit an Application, we may share, loan, rent or sell your personal information to the Requested Service Providers or other affiliates that we match with your Request or Application, your current provider, or to other third parties that may match you with a Requested Service Provider. In addition, the Requested Service Providers and such third parties may further disclose, share and use any personal information provided by you in connection with your Request or Application. If you make a Request or submit an Application, you expressly consent to such disclosure and use of your personal information. If you do not want your personal information shared as described above, then you should not make a Request or submit an Application.
IF YOU MAKE A REQUEST OR SUBMIT AN APPLICATION, THE REQUESTED SERVICE PROVIDERS MAY CONTACT YOU DIRECTLY VIA TELEPHONE, FAX, AND/OR EMAIL. YOU MAY RECEIVE TELEPHONE CALLS AS A CONSEQUENCE OF SUBMITTING A REQUEST ON THIS SITE, EVEN IF YOU ARE ON THE NATIONAL DO NOT CALL REGISTRY OR ANY OTHER DO NOT CALL REGISTRY.
If you are matched with Requested Service Providers, you expressly consent to the Requested Service Providers conducting any research necessary to provide you with quotes for your Request, or to process your Application. Requested Service Providers may need to share your personal information to conduct such research. If you do not want Requested Service Providers to conduct necessary research to provide you with a quote for your Request or to process your Application, then you should not make such Request or submit such Application.
Please note that if you make a Request or submit an Application on this Site, and we share your information as described above in connection with your Request or Application, you will not have the opportunity to opt out of the disclosure of your information in connection with that Request or Application.
YOUR CHOICES AND OPT-OUT OPTIONS
- Cookies, Tracking Options and California Do Not Track Disclosures
Certain parts of our Site require cookies. You may adjust your device or Internet browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Please refer to your device's settings or your Internet browser's "Help" section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences.
- Interest-Based Advertising Choices
To understand your choices for receiving more relevant advertising provided on the Service or across other websites and online services, please review the information below:
- To learn more about such interest-based advertising, and to opt out of such collection and use for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit http://www.aboutads.info/choices/.
- To opt out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit http://www.networkadvertising.org/choices/.
- To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.
- To opt out from the use of information about your online activities for interest-based advertising via direct mail, please visit https://optoutpreference.org/.
- On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.
Even if you opt out, you still may receive advertising from us that is not customized based on your Site or usage information, or advertising from other third parties if they are not a DAA or NAI participating company.
Opting-Out of our Marketing Communications
We provide our customers with the opportunity to opt-out of having their information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product or service. To opt-out of marketing communications or to request to be added to our Do Not Call List or Do Not Mail List, you may use one of these convenient methods:
- Electronic Promotional Offers. If you do not wish to receive email offers or newsletters from us, you can opt-out of receiving email information from us (other than emails related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions through the Services) by using the unsubscribe process at the bottom of any email.
- Direct Mail Promotional Offers. If you do not want us to send you any promotional offers through direct mail, you may: (i) call us at (800) 370-4312; or (ii) mail us with "Do Not Mail" in the subject line at the address set forth in the "Contact Us" section.
- Telemarketing. If you do not want to receive marketing phone calls from us, you may: (i) call us at (800) 370-4312; (ii) ask to be placed on our Do Not Call list when you receive a call from us; or (iii) mail us with "Do Not Call" in the subject line at the address set forth in the "Contact Us" section.
Your instructions to limit the use of your information for these purposes will be processed as soon as reasonably practicable. Additionally, we are not responsible for informing third parties (including without limitation our third party service providers or partners) with whom we have already shared your personal information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of such entities.
Access to Your Personal Information
If this Site allows you to create an account with us, then you can review and update your personal information by logging into this Site, visiting your account profile page and making changes. If you need to update your information after you make a Request or submit an Application through the Services, then you may contact us at the address set forth in the "Contact Us" section.
YOUR CALIFORNIA PRIVACY RIGHTS
TZ Insurance Solutions LLC
96 Linwood Plaza #144
Fort Lee, NJ 07024
Attention: Customer Service (California Privacy Rights)
You must put the statement "California Privacy Rights" in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. If you have any further questions about your rights under California law, you should send us an inquiry via the methods listed above.
Non-affiliated third parties are independent from us and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.
The Services are not intended for children under 18 years of age and we do not knowingly collect personal information from children under 18. You must be at least 18 years of age to register with or use certain portions of the Services. If you are under 18 years of age, please do not send any information about yourself to us or on this Site, including your name, address, telephone number or e-mail address. In the event that we learn that we have collected personal information from a child, we will delete that information and otherwise comply with the requirements of the Children's Online Privacy Protection Act and applicable law. If you believe that we might have any information from or about a child, please contact us at the address set forth in the "Contact Us" section.
We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers through the Services. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.
THIRD PARTY CONTENT, LINKS, AND PLUG-INS
This Site, as well as the e-mail messages sent with respect to this Site, may contain links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites, and such are not an endorsement by us of such third parties, their websites, their products, their services, or their practices.
If you have questions or concerns about our privacy practices or wish to make a request regarding your personally identifiable information, please contact us at:
- Via mail: TZ Insurance Solutions LLC, 96 Linwood Plaza #144, Fort Lee, NJ 07024-3701, Attention: www.directhealth.com
Terms and Conditions
Last updated: October 1st, 2014
Your Compliance with this Agreement
Your Access to and Use of the Site
Your access to and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that Company, in its sole discretion, may elect to take. Company reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.
Your Access to and Use of Services on the Site
You agree to immediately notify Company of any unauthorized use of your password, any unauthorized use of any account that you may have with Company, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on the Site by sending an email to: firstname.lastname@example.org.
Transmissions, Submissions and Postings to the Site
If you transmit, submit or post information (other than personal information) to the Site that is not Federally trademarked and/or copyrighted, you automatically grant Company and its affiliates and assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from Company to transmit, submit or post information to the Site that is Federally trademarked and/or copyrighted, you automatically grant Company and its assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to the Site:
• Information that infringes Company's or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance or regulation;
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Company or third parties or that infringes on Company's or any third party's rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without written permission from Company; or
• Federally trademarked and/or copyrighted information without written permission from Company.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own user-generated Content) and the consequences of transmitting, submitting or posting them.
Intellectual Property Rights
Company's names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Company in the United States and/or other countries (collectively, the “Company Marks”). You may not use the Company Marks without the prior express written permission of Company, which permission may be withheld or restricted in Company's sole discretion. Company makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are copyrighted by, or otherwise licensed to, Company or its Content suppliers. Company also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used on the Site (the "Software") is the property of Company or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of Company's or any third party's intellectual property rights regarding the Company Marks, the Content, the Collective Work, the Software and/or any other harm incurred by Company or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Use of Content
Company grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Company, which permission may be withheld in Company's sole discretion.
You may not use any meta tags or any other "hidden text" utilizing Company's name or trademarks without the express written permission of Company, which permission may be withheld in Company's sole discretion.
Access and Interference
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without Company's express written permission which may be withheld in Company's sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Company's sole discretion an unreasonable or disproportionately large load on Company's infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass Company's robot exclusion headers or other measures Company may use to prevent or restrict access to the Site. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site. You shall not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of the Site without Company's express, written permission, which permission may be withheld in Company's sole discretion.
When you visit the Site or send email to Company, you are communicating with Company electronically. You consent to receive communications from Company electronically in response to your communication. Although Company may choose to communicate with you by regular mail, Company also may choose to communicate with you by e-mail or by posting notices on the Site. Unless prohibited by applicable law, you agree that all agreements, notices, disclosures and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.
There may be provided on the Site links to other Web sites belonging to Company's advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by Company of those Web sites, nor the products or services listed on those Web sites. Company is not responsible for the activities or policies of those Web sites. Company does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. Company does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Insurance Provider or other third party on the Site are the best terms or lowest rates available in the market.
If Company provides aspects of the Site via an application for your mobile or other device, please be aware that your carrier's normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.
No Representations or Warranties Regarding the Content
The Content and all services and products associated with the Site are provided to you on an "as-is" and "as available" basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of The Site or the information, content, materials, products or services included on or associated with The Site. You expressly agree that your use of The Site and all products and services included on or associated with The Site is at your sole risk.
Company does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with The Site, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with The Site. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with The Site. Company makes no representation, warranty or guarantee that the Content that may be available for downloading from The Site is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Site is controlled and offered by Company from Company's facilities in the United States of America. Company makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Liability
Company shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of The Site; (iii) your delay in accessing or inability to access or use the Site for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY AND/OR ITS INSURANCE PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. COMPANY'S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER-GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Indemnification of Company
You shall defend, indemnify and hold harmless Company, its affiliates and their respective officers, directors, shareholders, managers, members, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Company; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own user-generated content); and/or (vi) any personal injury or property damage caused by you.
Company reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon Company posting the updated Agreement on the Site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that Company may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Company shall be entitled, in addition to all rights and remedies, to seek an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to seek a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Bergen County, New Jersey, or the United States District Court for the District of New Jersey located in Newark, New Jersey. You consent to the jurisdiction of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Site shall be deemed solely based in the State of New Jersey; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over Company, its affiliates and assigns, either specific or general, in jurisdictions other than the State of New Jersey.
This Agreement is to be governed by and construed in accordance with the internal laws of the State of New Jersey, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of New Jersey located in Bergen County, New Jersey, or the United States District Court for the District of New Jersey located in Newark, New Jersey.
You consent to the jurisdiction of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
If you elect to access the Site from locations outside of the United States, you are responsible for compliance with all local rules that may apply to you, such as rules about online conduct, acceptable content, the use of email, the disclosure or transfer of personal information or use of the Internet. Access to the Site, material, submissions, or other content posted on the Site from countries, states, or territories where this material is illegal is prohibited.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Company from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact Company via any of the methods set forth below:
• Via mail: DirectHealth.com – c/o TZ Insurance Solutions LLC, 96 Linwood Plaza #323, Fort Lee, NJ 07024; Attention: General Counsel; or
• Via email: email@example.com.