2. Privacy and your Personal Information
3. Accessing and Using the Services
Your access and use of our Services 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 our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.
You are solely responsible for complying with applicable laws and regulations in connection with your use of any services offered by us or an identified third-party service provider.
4. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify NFP Marketplace immediately at the email email@example.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services
Our Services allow you to obtain information and find third-party service providers, such as insurance brokers, insurance agents, and other insurance professionals. We make no specific endorsement or recommendation as to any particular product or provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of any third-party service provider. It is your responsibility to investigate any such provider. You acknowledge and agree that any such provider is solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a provider's products or services. We urge you to obtain the advice of insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial or insurance decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by third-party service providers.
You acknowledge and agree that we are not an insurance service provider. Instead, our Services may help connect you with such providers that might meet your needs based on information provided by you. We do not, and will not, make any coverage or credit decision relating to any product or service.
We estimate eligibility for government sponsored health insurance programs and plans available in the market. Our eligibility determinations are best estimates and are not official eligibility determinations. If you are interested in applying for a health insurance option shown on www.marketplace.nfp.com.com, our partner organizations will walk you through an official eligibility determination. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or eligibility for services offered or made available by third-party service providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by third-party service providers are the best available. Your activity though our site does not constitute a guarantee of health insurance coverage or eligibility for any specific product or service. Nor does it constitute a guarantee that you will qualify for a subsidy, credit or any other form of financial assistance that may help offset or otherwise reduce the cost of health insurance coverage.
We do not charge you a fee to use our Services. At any time, however, we may choose to charge fees for various premium features and services, and we will notify you of those charges at the time that we offer features and services for a fee. Third-parties may pay us fees for facilitating your introduction to their services and/or to be matched with users of our Services. We are not involved with and are not responsible for any fee arrangement that you may enter into with any third-party service provider identified through our site. You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a provider's products or services, including any fees charged by a third-party service provider.
7. Our Intellectual Property Rights
The contents of www.marketplace.nfp.com including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of www.nfpmarketplace.com belong or are licensed to NFP.
We grant you a limited license to access, print, download or otherwise make personal use of the content available on www.marketplace.nfp.com as is necessary for you to utilize the services and exclusively for your personal non-commercial use. 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 as permitted by this Agreement, is permitted by you without our prior written permission. Any damage resulting from your infringement of our intellectual property is solely your responsibility.
8. Access and Interference
9. Third Party Links or Access
Our Services provide links or access to other websites or mediums belonging to our business partners, affiliates, third-party service providers and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We do not guarantee that the terms or rates offered by any particular business partner, affiliate, third-party service provider or other third party on or through our Services are the best terms or lowest rates available in the market.
10. Mobile Devices
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
11. Representations and Warranties
THE CONTENT AND SERVICES OFFERED THROUGH MARKETPLACE.NFP.COM ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NFP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF WWW.MARKETPLACE.NFP.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
NFP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON MARKETPLACE.NFP.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NFP MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
12. Limitations of Liability
NFP SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM WWW.MARKETPLACE.NFP.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF NFP ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NFP’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, 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 any breach or violation of this Agreement by you.
14. Amendments of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
15. Legal Disputes
You agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
This Agreement, and your relationship with NFP under this Agreement shall be governed by the laws of the State of New York without regard to its conflict or choice of law provisions. Any dispute with NFP, or its officers, directors, employees, agents. parents, subsidiaries or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the civil courts of the City of New York and be governed by the laws of the State of New York, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case NFP may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, NFP is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with NFP, its officers, directors, employees, agents parents, subsidiaries or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
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 us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.