predictaBill welcomes your comments. All comments, suggestions or other information sent by you through this Site will become predictaBill’s property, and you agree that all intellectual property rights therein are transferred to predictaBill. You understand that any postings to publicly available portions of the Site are non-confidential for all purposes.
Compliance
We or our authorized representatives are acting on your behalf when providing our services of examining or reviewing your insurance coverage. We or our authorized representatives are licensed as an insurance broker or producer as required by applicable law in 49 states. Our services of examining or reviewing your insurance coverage are not available in all states (we are not licensed in the state of Alaska). If you access this Site from locations where our services are not available, you hereby acknowledge and agree that you are viewing the products and services on this Site for general informational purposes only.
Coverage Estimates; No Legal or Accounting Advice
The information obtained through the Site is provided as a courtesy and is not intended to be a replacement for policy statements, premium billing, or other documents and records that are maintained by you or the insurance company. Any health care estimates or other policy-related information you obtain from use of the Site are only estimates and based on information you provide through the Site, as well as, in some cases, information we obtain from third parties such as insurance companies. If there is any discrepancy between the information obtained through the Site and the underlying policy or insurance company records, the latter will control. In any event, insurance coverage is dictated by the relevant policy terms and conditions. Any health care estimates you obtain from use of the Site are only estimates and should not be relied upon as a guarantee of your actual health care costs.
The information obtained through the Site is provided with the understanding that predictaBill does not engage in the practice of law or accounting, or give legal, accounting, tax, actuarial, or asset allocation advice. You are advised to seek counsel in these areas from your appropriate advisors.
Privacy Policy
Please review our Privacy Policy for information on how we collect and use your personal information and data relating to the use and performance of the Site. predictaBill’s Privacy Policy is hereby incorporated by reference into these Terms.
Without limiting the terms of our Privacy Policy, you understand that predictaBill uses, stores and otherwise processes information collected through the Site and also may share that information with our service providers for the purposes of improving the Site or sending you tailored information about our products and services that we believe may interest you (including through email with your consent if and when required by applicable law).
We do not and cannot guarantee the security of information provided by you through the Site. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Site. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law or government regulator’s request.
Dealings with Third-Party Merchants
If you choose to correspond, participate in a promotion, or engage in transactions with any insurance provider or other merchant found on or through this Site, you acknowledge and agree that predictaBill is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that predictaBill will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Site.
Links from and to the Site
The Site may contain links to third party websites (“Third Party Sites”). Third Party Sites are not reviewed, controlled or examined by predictaBill in any way and predictaBill is not responsible for any content contained therein. These links do not imply predictaBill’s endorsement of or association with any Third Party Site. predictaBill is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites.
Disclaimer of Warranties
WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND PREDICTABILL (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. The results provided herein are only estimates and do not guarantee your actual health care costs. The estimated health care costs are subject to many factors, including without limitation, the accuracy of the information you provide and the accuracy of the information provided to predictaBill by third parties. The estimated health care costs may change if your employer changes, if your employer’s health insurance offerings change or if your health insurance information changes. The estimated health care costs do not incorporate any special circumstances that may be applicable to you and may impact your actual health care costs. You agree that your reliance on this Site and any Content, including any materials or information or estimates, provided on this Site is solely at your own risk and you shall be solely responsible for any damages that may arise or that you may incur and you hereby release predictaBill from any and all such damages.
Limitation of Liability
WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. PREDICTABILL IS NOT RESPONSIBLE FOR THE ACTIONS, INFORMATION, OR DATA OF THIRD PARTIES. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PREDICTABILL, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “PREDICTABILL PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY PREDICTABILL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY PREDICTABILL PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.
Indemnity
You agree to indemnify and hold the predictaBill Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Site (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Termination
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of your account, your right to use the Site will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law; Jurisdiction
These Terms are governed by the laws of the State of New York, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of New York County, New York.
General Information
The failure of predictaBill to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You may not assign these Terms or transfer any of your rights or obligations hereunder without predictaBill’s express written consent. These Terms inure to the benefit of predictaBill’s successors, assigns and licensees.
These Terms (including the Arbitration and Class Action Waiver provision below) are the entire agreement between you and predictaBill with respect to the subject matter herein.
Arbitration Agreement; No Class Actions
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with predictaBill and limits the manner in which you can seek relief from predictaBill. Both you and predictaBill acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of the Site Terms and Conditions of Use (the “Terms”), predictaBill’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. predictaBill will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. predictaBill will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or predictaBill may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND PREDICTABILL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and predictaBill are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and predictaBill over whether to vacate or enforce an arbitration award, YOU AND PREDICTABILL WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor predictaBill is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: predictaBill, 244 Fifth Avenue, Suite 1209, New York, NY 10001 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or predictaBill to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and predictaBill agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with predictaBill.
Agreement to Conduct Electronic Transactions
We are required by law to provide certain disclosures to you before you enter into a transaction electronically via the Site. In addition, we need your consent to enter into such transactions before we can deliver, or authorize the delivery of, certain documents to you electronically. BY USING THE SITE AND REGISTERING YOUR ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ OUR ELECTRONIC TRANSACTIONS AND DISCLOSURES AGREEMENT AND AGREE TO THE TERMS AND CONDITIONS SET FORTH THEREIN.
What If I Have Questions About These Terms?
If you have any questions or concerns regarding our privacy policies, please send a detailed message to [email protected] and we will try to resolve your concerns.