Welcome to The Insider (“Site”), provided by Gorman Health Group, LLC (“GHG”).
1. LICENSE GRANT. This Site is provided by GHG. This TOU provides you (a “User”) with a personal, revocable, limited, non-exclusive, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print a copy of the materials and information from this Site solely for your personal or internal non-commercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This TOU is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. Accordingly, you expressly acknowledge and agree that GHG transfers no ownership or intellectual property interest in the Site or any of its content to you or anyone else.
2. LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, you may not modify, alter, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, reproduce, publish, display, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or GHG’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GHG on or through the Site, (viii) use the Site to transmit viruses, worms, Trojan horses, or other items or programs of a contaminating or destructive nature, and (ix) use the Site for any unauthorized purpose, including any unauthorized commercial purpose. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY GHG TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. GHG reserves the right to bar, restrict, suspend, or terminate any restricted activity and any User’s access to the Site.
3. NATURE OF THE SITE. This Site provides users with healthcare, insurance and government program information and resources.
4. USER OBLIGATIONS. By accessing this Site, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration form. If you provide any false, inaccurate, untrue, unauthorized, or incomplete information, GHG reserves the right to terminate your enrollment and access and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site and agree not to interfere with the use and enjoyment of this Site by other Users and GHG’s operation or management of this Site. Moreover, you agree not to: impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of GHG, when using this Site, or defame or otherwise harm any party, including GHG, through the use of this Site or any function of this Site.
5. PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by GHG and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, GHG does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that GHG actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Any software and other downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by GHG and/or its licensors. Gorman Health Group, GHG, the GHG logo, The Insider Logo, and all other names, logos, and icons identifying GHG and its products and services are proprietary trademarks of GHG, and any use of such marks without the express written permission of GHG is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
6. OTHER TERMS AND CONDITIONS. Additional terms and conditions (available when you access particular features or areas of this Site) may apply to the downloading of software and to specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. GHG’s obligations, if any, with respect to its products and/or services are governed solely by the agreements pursuant to which they are provided, and nothing in the Site should be construed to alter such agreements.
8. RESPONSIBILITY FOR USE. Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While GHG has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of the Site may involve transmission over various networks. Accordingly, GHG is not responsible for the security of any information transmitted via the Internet, the availability of such information, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume sole and complete risk for accessing and using this Site and must make your own determination as to these issues.
9. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. GHG reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. GHG will also comply with all court orders involving requests for such information. In addition to the foregoing, GHG reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, for any reason.
10. SUBMISSIONS. GHG welcomes your feedback and suggestions about how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to GHG, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to GHG. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for GHG to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
11. BLOGS. You acknowledge and agree that this Site may feature blogs. All content provided on such blogs is for informational purposes only. GHG makes no representations as to the accuracy or completeness of any information on such blogs. As a general matter, you may post content freely to a blog, so long as the content on the Site, is not illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. You acknowledge that all content posted to a blog is the sole responsibility of the individual who originally posted the content. You also understand that all opinions expressed by users of this Site are expressed strictly in their individual capacities, and not as representatives of GHG. GHG reserves the right to edit or remove content submitted to a blog without notice at anytime.
12. THIRD PARTY PRODUCTS/SERVICES. You acknowledge and agree that this Site may feature materials, products, and services provided by Users and third parties. GHG makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products, and services may access. GHG expressly disclaims responsibility and liability for all third party provided materials, products, and services contained on or accessed through the Site.
13. ADVERTISERS ON THIS SITE. GHG, in its sole discretion, may post (and remove at any time) the advertisements of third parties on this Site. The inclusion of advertisements on the Site does not imply endorsement of the advertised products or services by GHG. Your correspondence or any other dealings with advertisers found on this site are solely between you and such advertiser. You agree that GHG shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, GHG shall not be responsible or liable for the statements or conduct of any third party on this Site.
14. LINKS TO THIRD PARTY WEB SITES. GHG may provide, in its sole discretion, links (including any link through an on-line banner advertisement) to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by GHG and are maintained by third parties over which GHG exercises no control. Accordingly, GHG expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party. You assume sole and complete risk for accessing these third party Web sites.
15. LINKS TO THIS SITE. GHG encourages and permits text links to this Site and its content. GHG permits you to post a link to this Site only with express written consent by GHG. GHG is an organization committed to the highest ethics and standards and therefore, any links to this Site should not suggest that GHG promotes or otherwise endorses any third party products, services, causes, campaigns, websites, content, or information. Moreover, no link may be used for commercial or fundraising purposes. GHG also reminds you that a link may not use or include any other GHG logos, content, or designs without the express written consent of GHG.
16. EVENTS BEYOND GHG’S CONTROL. You expressly absolve and release GHG from any claim of harm resulting from a cause beyond GHG’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
17. DISCLAIMER. WHILE GHG ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, GHG MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS DESCRIBED IN OR AVAILABLE THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE. GHG MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILTY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE. THE INFORMATION AVAILABLE THROUGH THIS SITE IS NOT INTENDED TO SERVE AS LEGAL ADVICE. ALL SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
18. LIMITATION OF LIABILITY. IN NO EVENT SHALL GHG BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF GHG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF GHG FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO GHG IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
19. INDEMNITY. You agree to defend, indemnify, and hold harmless GHG and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site and any breach by you of this TOU. GHG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GHG’s defense of such claim and cover any related expenses or fees as stated herein.
20. GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia. Any action to enforce this TOU will be brought in the federal or state courts presiding in Washington, DC, U.S. and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by GHG from its offices within the United States. GHG makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable local laws.
21. TERMINATION. GHG reserves the right at any time and for any reason to deny you access to the Site or to any portion thereof and to terminate this TOU. This TOU and Membership will terminate automatically if you fail to comply with the limitations described herein. Termination will be effective without notice. You may terminate at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as outlined below. Upon termination, you must destroy all copies of any aspect of the Site in your possession.
22. SURVIVABILITY. The provisions concerning proprietary and intellectual property rights, permission to use postings, submissions, events beyond GHG’s control, confidentiality, indemnity, disclaimers of warranty and limitations of liability, availability of records, admissibility of this TOU, termination, and governing law will survive the termination of this TOU for any reason.
23. WAIVER. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by GHG of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
24. ADMISSIBILITY. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
25. SEVERABILITY. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
26. RELATIONSHIP OF PARTIES. No joint venture, partnership, employment, or agency relationship exists between you and GHG as result of this TOU or your enrollment in or utilization of this Site.
27. RESERVATION OF RIGHTS. Any rights not expressly granted by GHG herein are reserved.
29. CONTACT INFORMATION. If you have questions regarding this Site, or are interested in obtaining more information concerning GHG and its products or services or permission to use any GHG content, please contact GHG at 5335 Wisconsin Avenue, NW, Suite 340, Washington, DC 20015 or firstname.lastname@example.org.