Terms of Use

Acceptance of Terms Through Use

By using MDwise.org (the "website" or "site"), you agree to be bound by all terms, conditions and notices contained on this site, including the Privacy Policy. We may change the Terms of Use at any time by posting revisions to this web site, and your continued use of this site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use periodically, and if you do not agree to the terms of this or any revised statement, please exit the site immediately.


Password Protected Access

Certain uses of this web site may require that we assign you a user name and password. You agree to treat the password as private and confidential information and are responsible for all use of the MDwise services accessed through your password. A separate user name and password must be used for each person using the web site; multiple persons within the same organization may not share user names and passwords. You agree to use the password-protected services solely for the purpose(s) agreed to at the time you receive your password. You agree to defend, indemnify, and hold MDwise harmless from and against any and all claims, liability or expenses arising out of any unauthorized use of the web site accessed through your password.


Intellectual Property

You acknowledge that all proprietary materials on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, know-how and/or by other means and are owned by MDwise, Inc. or our licensors. You may only use the intellectual property on this site as expressly permitted in this Terms of Use and for no other purpose. Except where otherwise noted, MDwise grants you a limited license for the purpose of viewing, downloading and printing of individual pages, forms or documents from the site for your own personal, noncommercial use and not for sale, license, rent, distribution, republication, reproduction, transmission, public display or performance, preparation of derivative works or any other exploitation of the site's content, in whole or in part. You agree not to remove any proprietary notices or credits from any material used from the site. MDwise may revoke this license at any time.


Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER MDWISE NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THIS WEB SITE.


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MDWISE, OUR SUBSIDIARIES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR FROM INFORMATION PROVIDED ON THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MDWISE'S LIABILITY EXCEED THE AMOUNT PAID TO ACCESS OUR WEB SITE.


Indemnification

You agree to defend, indemnify, and hold MDwise and its members, employees, officers, directors, agents, contractors and licensors harmless from and against any and all liabilities, claims, and expenses, including attorneys' fees, that arise from your use of this web site or its content, including without limitation, your violation of the Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.


International Use

By choosing to access this web site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. MDwise makes no representation that materials on this web site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.


Choice of Law

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this web site shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.


Integration and Severability

This Terms of Use constitutes the entire agreement between you and MDwise with respect to this website and supersedes all prior or contemporaneous communications and proposals between us with respect to this site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.


Unauthorized Use and Termination

You agree to use this website only for authorized and legal activities. Unauthorized uses of this site include unauthorized linking or framing to the site without the prior, written authorization of MDwise. You also agree not to "deeplink" to any of the site's internal web pages for any purpose, unless you are specifically authorized by MDwise to do so. Any unauthorized use of the site may result in criminal and/or civil prosecution. MDwise reserves the right, in its sole discretion, to terminate your access to all or part of the site, with or without notice, and for any reason whatsoever.


Contacting Us

If you have any questions or concerns about MDwise's Terms of Use statement, please email us at legal@mdwise.org. Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.
 

SMS Texting Terms and Conditions

Opt-in
By texting HERO to 313131, you are opting into MDwise’s SMS health insurance updates, which will include information about the MDwise Marketplace product, open enrollment deadlines, etc. The initial campaign will include a total of 14 text messages in March 2014. However, the number of text messages actually received by an individual will depend on when that individual opts-in during the month of March. After March, message frequency may vary and could also depend on the individual’s interaction with the texting program.

Opt-out
To UNSUBSCRIBE, CANCEL or STOP receiving text messages from MDwise, You can text STOP to 313131 at any time. Per federal regulations, MDwise has up to ten days to process your opt-out request. By opting in to receive text messages from MDwise, you consent that following a request to unsubscribe, you will receive one (1) final message from MDwise confirming that you have been inactivated in our system. Following the confirmation message, no additional text messages will be sent to you unless you re-activate your subscription by texting HERO to 313131.

Fees
MDwise does not have a separate charge for this service; however, message and data rates may apply from your mobile carrier. Please contact your mobile carrier for specific information regarding your cell phone plan and text message charges.

Security
MDwise is committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy of our customers and their data. For more information, you can view a copy of our Privacy Policy.

General Terms
MDwise reserves the right to terminate this SMS service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. If you have any questions or need help, text HELP to 313131.
 
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