AGREEMENT BETWEEN USER AND SYSTEMEDIC, INC.

The Systemedic website is comprised of various web pages operated by Systemedic.

The Systemedic website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Systemedic website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE:

Systemedic reserves the right to change the terms, conditions, and notices under which the Systemedic website is offered, including but not limited to any charges associated with the use of the Systemedic website.

LINKS TO THIRD PARTY SITES:

The Systemedic website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Systemedic and Systemedic is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Systemedic is not responsible for webcasting or any other form of transmission received from any Linked Site. Systemedic is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Systemedic of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE:

As a condition of your use of the Systemedic website, you warrant to Systemedic that you will not use the Systemedic website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Systemedic website in any manner which could damage, disable, overburden, or impair the Systemedic website or interfere with any other party’s use and enjoyment of the Systemedic website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Systemedic website.

USE OF COMMUNICATION SERVICES:

The Systemedic website allows you to contact Systemedic by submitting an inquiry through our “Contact Us” page (“Communication Services”).  You agree to use the Communication Services only to send and receive messages that are proper and related to the use of our website and services provided by Systemedic. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Advertise or offer to sell or buy any goods or services for any business purpose

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Violate any applicable laws or regulations.

Systemedic has no obligation to monitor the Communication Services.

Systemedic reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Systemedic does not control or endorse the content, messages or information found in any Communication Service and, therefore, Systemedic specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

MATERIALS PROVIDED TO SYSTEMEDIC THROUGH THE WEBSITE OR POSTED AT ANY SYSTEMEDIC WEBSITE:

Systemedic does not claim ownership of the information you provide to Systemedic through the website or input or submit to the Systemedic website (collectively “Submissions”). However, by inputting, providing or submitting your Submission you are granting Systemedic, and its affiliated companies, trusted partners and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Systemedic is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Systemedic’s sole discretion.

By inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SYSTEMEDIC WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SYSTEMEDIC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEMEDIC WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE SYSTEMEDIC WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. You understand and acknowledge that SYSTEMEDIC only provides informational and administrative services related to issues about health insurance coverage. We do not provide medical or diagnostic services, nor do we recommend treatment or health care advice.  Information provided by SYSTEMEDIC is not intended, nor implied to substitute for professional medical advice. Always seek the advice of your physician or other qualified healthcare provider prior to making any treatment decisions and with any questions you may have regarding a medical condition or its treatment. SYSTEMEDIC does not provide legal services or advice. Information provided by us is not intended, nor implied to substitute for professional legal advice. Always seek the advice of your attorney or other qualified legal advisor prior to making legal decisions and with any questions you may have regarding legal matters.

Our services are designed to help make you a more knowledgeable, pro-active health insurance consumer. We strive to help you understand your health insurance so that you can minimize unforeseen expenses and maximize insurance benefits to which you are entitled. We do not provide health insurance coverage. We cannot and do not guarantee health insurance coverage by your provider.  Most health insurance policies require financial responsibility on the part of the policy holder beyond policy premiums, e.g. co-pays, co-insurance, deductibles and non-covered services.  Health insurance companies will not confirm coverage or payment on any services until they have fully processed the claim.  For this reason, we cannot guarantee coverage or your financial exposure for any healthcare or healthcare related services. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEMEDIC WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SYSTEMEDIC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. No advice, results, or information, whether written or oral, from us will create any warranty OR GUARANTY not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYSTEMEDIC AND/OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOEES, OTHER REPRESENTATIVE OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEMEDIC WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SYSTEMEDIC WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEMEDIC WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SYSTEMEDIC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEMEDIC WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEMEDIC WEBSITE.

SERVICE CONTACT: info@sysmedinc.com

TERMINATION/ACCESS RESTRICTION: Systemedic reserves the right, in its sole discretion, to terminate your access to the Systemedic website and the related services or any portion thereof at any time, without notice.

GENERAL:   To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Rockland County, New York, U.S.A. in all disputes arising out of or relating to the use of the Systemedic website. Use of the Systemedic 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 Systemedic as a result of this agreement or use of the website. Systemedic’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Systemedic’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Systemedic with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Systemedic with respect to the Systemedic website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Systemedic with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT:

All contents of the Systemedic website are: © 2013 Systemedic, Inc. All rights reserved.