TERMS AND CONDITIONS
By visiting this Website and/or making transactions with Humanomics Insurance Services, Inc. (“Humanomics”), you hereby agree to these Terms and Conditions.
Website Content. The products and or services contained at Humanomics.com (hereinafter referred to as “Website”) are subject to change from time to time without notice. Not all products and services are available in all geographic areas. Your eligibility for particular products and/or services is subject to the insurance provider (of the insurance plan) sole discretion and acceptance, which Humanomics has no control over. Humanomics may discontinue or make changes to the information, products or services described herein at any time with or without notice. Any dated information is published as of the published date only, and Humanomics does not undertake or assume any obligation or responsibility to update or edit any such information. Moreover, by offering information, products or services via the Website, no solicitation is made by Humanomics of any person to use such information, purchase services in jurisdictions where the provision of such information, products or services is prohibited by law. Furthermore, simply contacting Humanomics does not guarantee that any products or services referenced on its Website will be available to you.
Restrictions. In connection with your use of our Website or purchases, or in the course of your interactions with Humanomics, as user or a third party, you will not:
Breach these Terms and Conditions, or any other agreement between you and Humanomics;
Provide false, inaccurate, or misleading information;
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Use any robot, spider, other automatic device, or process to monitor or copy this Website without our prior written permission;
Use an anonymizing proxy.
This Website is protected to the maximum extent permitted by copyright laws and international treaties.
You acknowledge the content of this Website, content, text, graphics, buttons, logos, and images, as well as all other Humanomics’ copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by Humanomics except as otherwise described below.
You agree not to use reproduce, copy, display or modify the Humanomics intellectual property in any manner not authorized herein. You understand that you are authorized solely to view and retain a copy of the pages of this Website for your own personal, non-commercial use.
No Guarantees. The purchase of insurance and/or products is not intended as a representation of guaranteed coverage, as whether a specific incident will be covered by a plan or product will be determined by the insurance provider when the incident necessitating coverage arises. Humanomics makes no guarantees about future coverage as Humanomics has no control over whether the insurance provider will provide coverage in a specific situation. As such, you hereby agree and understand that you are required to conduct your own investigation and rely exclusively on your investigation when making any insurance purchase or transaction with Humanomics. You hereby understand that purchasing insurance coverage does not guarantee coverage, and you are solely responsible for all risks associated with the purchase of insurance programs/services from Humanomics.
No Legal Advice. Nothing in this Website shall constitute legal advice, legal counsel or legal opinion regarding any matter. It is your responsibility to consult with your own independent counsel regarding your legal concerns.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE AND HUMANOMICS SERVICES IS AT YOUR SOLE RISK. HUMANOMICS WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUMANOMICS ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, LEGAL REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AND PARTNERS (COLLECTIVELY HEREIN REFERRED TO AS “HUMANOMICS PARTNERS”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HUMANOMICS AND HUMANOMICS’ PARTNERS DO NOT WARRANT THAT (i) HUMANOMICS WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) HUMANOMICS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HUMANOMICS WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH HUMANOMICS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUMANOMICS OR THROUGH ITS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Indemnity. You hereby agree to indemnify and hold Humanomics and Humanomics Partners harmless from any claim, loss, demand, liability, damage, expense, lawsuits, judgments, litigation costs including reasonable attorney fees, made by any third party due to or arising out of your violation of these Terms and Conditions, your breach of any agreement with Humanomics, and or your violation of any rights of another.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
UNDER NO CIRCUMSTANCES SHALL HUMANOMICS OR HUMANOMICS PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF ANTICIPATED VALUE OF A BUSINESS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HUMANOMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF HUMANOMICS, OR HUMANOMICS PARTNERS.
HUMANOMICS SHALL NOT BE LIABLE UNDER ANY THEORY OF RELIEF, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY RELATIN G TO THE USE OF THIS WEBSITE OR THE TRANSACTIONS MADE THROUGH HUMANOMICS OR THE WEBSITE.
HUMANOMICS’S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO THE SALE AMOUNT.
HUMANOMICS IS ALSO NOT RESPONSIBLE FOR A THIRD-PARTY SUCH AN EMPLOYER OR UNION INCLUDING YOU IN AN INSURANCE COVERAGE PLAN WHICH IS ADMINISTERED BY HUMANOMICS. THEREFORE, HUMANOMICS DISCLAIMS ALL LIABILITY ARISING FROM SAID INCLUSION.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
Problems or Complaints.
It is our goal to provide you with excellent customer service. If you have a problem/complaint, you are required to contact Humanomics first to provide Humanomics with an opportunity to resolve any disputes. You may contact Humanomics, using the contact information below:
Humanomics Insurance Services, Inc.
15600 Devonshire Street, Suite 203
Granada Hills, CA 91344
Toll Free: 877-315-4195
Email: [email protected]
Dispute Resolution and Governing Law.
Governing Law. Any dispute between Humanomics and you shall be governed according to the laws of the State of California, and all activities performed in connection with the use of the Website including purchases/transactions shall be deemed to have been performed in California. Any controversy, dispute, or claim arising out of or relating to the use of this Website or the transactions with Humanomics shall be governed by and construed in accordance with the laws of California, except that body of law governing conflicts of law and as otherwise disclosed below.
Disputes with Humanomics. If a dispute arises between you and Humanomics, our goal is to resolve the dispute to the satisfaction of all parties in a cost-effective and efficient manner, therefore you are required to contact Humanomics in writing at least 30 days prior initiating any legal proceeding or arbitration. You must write to the mailing address provided in section 7 above. Failure to do so will constitute a material breach of this agreement.
Arbitration. For any dispute/claim (excluding claims for injunctive or other equitable relief) where the damages are less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; c) there shall be one neutral arbitrator; (d) the arbitrator shall issue a written award with findings and conclusions and (e) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any demand for arbitration must be served on Humanomics’ California agent for service of process, failure to do so will constitute invalid service of the demand and no relief/order or judgment shall be entered against Humanomics. The parties are required to provide a copy of this arbitration clause to the arbitration provider with the demand for arbitration.
Forum for Disputes. Except as otherwise agreed by the parties or as described in section 8(c) above, you agree that any claim or dispute you may have against Humanomics must be resolved by a court located in Los Angeles County. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
Improperly Filed Legal Actions. All claims you bring against Humanomics must be resolved in accordance with section 8 of this Agreement. All claims filed or brought contrary to section 8 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to section 8, Humanomics shall recover attorneys' fees and costs (including in-house attorneys and paralegals); provided that Humanomics has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Class Action And Collective Action Waiver. The parties hereby waive their right to bring an action as a class action or collective action in court or arbitration. The parties also agree to waive their right join in additional parties.
Links to Other Sites. Links to third-party websites are provided as a convenience to you. Humanomics has no control over the subject matter or content on such third-party websites. As such, Humanomics does not endorse, make any representation or take any responsibility for such sites or the content on such sites. You are responsible for complying with the terms of those sites. Humanomics makes no warranties, either express or implied, relating to the content of such sites and shall have no liability relating to or arising from such sites. The use of any third-party website is completely at your own risk.
If you have a dispute with one or more third-party websites, you release Humanomics and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You acknowledge that California Civil Code Section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." If you are a resident of California, you agree to waive California Civil Code Section 1542. If you are a resident of any other state or foreign country, you agree to waive in advance any similar laws of such other jurisdiction.
Termination. Humanomics may cease to operate the Website and its business operations at any time with or without notice. Humanomics reserves the right to terminate your access and use of any part of the Website at any time without notice for any reason.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms and Conditions herein, there shall be no third party beneficiaries to the Terms and Conditions.
Entire Agreement. This Agreement constitutes the entire agreement between you and Humanomics pertaining to the subject matter hereof and governs your use of the Website and the transactions between you and Humanomics, superseding any prior agreements between you and Humanomics pertaining to the subject matter hereof.
No Waiver. The failure of Humanomics to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
Severability. If any provision or term of these Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of these Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
Modification. We may modify these Terms and Conditions from time to time without notice to you, except as may be required by law. It is your responsibility to review the most current version of the Terms and Conditions by reviewing this Website. You may terminate your use of the Website/services and stop making transactions with Humanomics if you do not agree with any modification or amendment. If you use the Website or make any transactions with Humanomics after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and Conditions and acknowledge that any attempts by you to modify them shall be void.