1. Acceptance of our Terms
By visiting the website firstaccidenthealth.com (the “First Accident & Health Site” or the “Website”), viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to First Accident & Health or to the Website, you agree to be bound by the following Terms and Conditions of Service (the “Terms”). If you do not agree to the Terms, you are not authorized to visit the First Accident & Health Site and your only option is not to visit, view or otherwise use the services of First Accident & Health or the Website. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and First Accident & Health and that your use of the First Accident & Health Site confirms your conclusive acceptance of this agreement.
2. Changes
You agree and acknowledge that First Accident & Health reserves the right in its sole discretion to modify, improve or discontinue any of its services or the Terms at any time without notice to you, even if a change may result in you being prevented from accessing any information contained in the First Accident & Health Site. Continued use of the First Accident & Health Site following any change to our services or Terms constitutes your acceptance of those changes. Furthermore, you agree and acknowledge that First Accident & Health may provide services to you through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that the First Accident & Health Site may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property laws and treaties. First Accident & Health authorizes, and the First Accident & Health Site permits you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced or distributed without our prior written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. First Accident & Health claims no copyright in any government or other public domain content that may be on the First Accident & Health Site. Any further rights not specifically granted herein are expressly reserved to First Accident & Health.
4. Submitted Content
At times you may submit concepts, know-how, techniques, suggestions and materials (collectively “Submission(s)”) through the Website. Except as expressly provided in our Privacy Policy, in a separate written agreement between you and First Accident & Health, or otherwise expressly stated, by submitting any Submission, whether solicited by us or not, you are automatically granting First Accident & Health a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials and/or ideas or incorporate such materials and/or ideas into any form, medium or technology now known or later developed.
5. Termination of Agreement
The Terms intended will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
Disclaimer
THE FIRST ACCIDENT & HEALTH SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FIRST ACCIDENT & HEALTH SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE FIRST ACCIDENT & HEALTH SITE INCLUDING CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FIRST ACCIDENT & HEALTH DOES NOT WARRANT THAT THE FIRST ACCIDENT & HEALTH SITE AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT OR FREE FROM ERROR OR OMISSIONS; THAT THE FIRST ACCIDENT & HEALTH SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE FIRST ACCIDENT & HEALTH SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIRST ACCIDENT & HEALTH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT RELATED TO THE FIRST ACCIDENT & HEALTH SITE. YOUR USE OF THE FIRST ACCIDENT & HEALTH SITE IS SOLELY AT YOUR OWN RISK.
7. Limitation of Liability
You understand and agree that under no circumstances will First Accident & Health or any of its subsidiaries or affiliates be liable for any direct, indirect, incidental, consequential or exemplary damages. This includes, but is not limited to, damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service or information, any permanent or temporary cessation of such service or access to information, the deletion or corruption of any content or information or the failure to store any content or information whether the alleged liability is based on contract, tort, negligence, strict liability or some other basis. The above limitation shall apply whether or not First Accident & Health has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, the liability of First Accident & Health is limited to the fullest extent permitted by law.
8. External Content
The First Accident & Health Site may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that First Accident & Health is not responsible for and does not endorse any advertising, products or resource available from such resources or websites and is not in any way responsible for any content on such third-party websites.
9. Jurisdiction
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by First Accident & Health to resolve any legal matter arising from this agreement or related to your use of the First Accident & Health Site. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid. To the fullest extent allowed, both First Accident & Health and you waive any right to a jury trial.
10. Rules of Conduct
11. No Legal Advice
The information provided on the First Accident & Health site is for general informational purposes only, and questions about any law, statute or regulation should be directed to an attorney with expertise in the relevant area.
12. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and First Accident & Health. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material or otherwise contract or interact with First Accident & Health or its agents employees or affiliates.