Terms of Service

Welcome to http://www.mybravohealth.com (the “Site”). By accessing or using the Site, or any website owned and maintained by Bravo Health, Inc. (“Bravo Health”), you agree to the following terms of service (“Terms of Service”). Subscriber use of the Site is subject to Bravo Health’s Privacy Policy, available through this link: Click Here.

1. General. The Site is designed to provide general information about the products and services offered by Bravo Health. The information on the Site does not constitute medical advice and is not intended to supplement or replace the advice of any health care professionals. If you are in need of health care information or services, please contact a physician or other health care provider. The health-related information in the Site is not intended, and may not be taken, to be the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction.

2. License and Site Access. Bravo Health grants you a limited license to access and make personal, non-commercial use of the Site. This license does not include any collection and use of any product or service listings or descriptions; any displaying, copying, publishing, broadcasting, or selling of any material received; any downloading or copying of information for the benefit of any other third party; linking to any internal or subsidiary pages of the Site located one or several levels down from the main page (“deep linking”); any action that imposes or may impose (in Bravo Health’s sole discretion) an unreasonable or disproportionately large load on Bravo Health’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Bravo Health to prevent or restrict access to the Site. You may not alter or remove any trademarks or information of any kind or any related visual logos from the information provided or from any authorized reproductions of these materials. Any unauthorized use by you shall terminate the permission or license granted to you by Bravo Health.

3. Your Account. The Site may include the option to create a personal account on the Site. If you create such a personal account on the Site, you are responsible for maintaining the confidentiality of your account and password. You are responsible for restricting access to your computer while you are logged into your account and if you use any browser or other functionality that remembers and automatically provides your account and password. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for exiting from your account at the end of each session. You agree to notify Bravo Health immediately of any unauthorized use of your account or any other breach of security. Bravo Health reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

4. User Submitted Content. Except as otherwise specifically provided, if you post content or submit material to the Site, you grant Bravo Health a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. Bravo Health has the right but not the obligation to monitor and edit or remove any activity or content. Bravo Health takes no responsibility and assumes no liability for any content posted by you or any third party.

5. Products and Services. The product and service descriptions, if any, provided on the Site are not intended to constitute solicitations or offers to sell in connection with any product or service. Nothing contained in the Site should be construed as a solicitation or offer to purchase coverage from Bravo Health. All products on the Site are not available in all areas. All products and services are provided under the terms of the applicable laws, rules, regulations and/or contracts, as applicable, including limitations and exclusions. Anyone interested in a product or service described on the Site should contact a Bravo Health representative to determine if that product or service is available in a particular jurisdiction and to request a copy of the applicable plan documents.

6. Copyright. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bravo Health or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Bravo Health and protected by U.S. and international copyright laws. All software used on the Site is the property of Bravo Health or its software suppliers and protected by United States and international copyright laws.

7. Trademark. The following trademarks: Bravo Health, Health Care You Can Count On, and other Site graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Bravo Health in the U.S. and/or other countries. Bravo Health’s trademarks and trade dress may not be used in connection with any product or service that is not Bravo Health’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bravo Health.

8. Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bravo Health’s copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Bravo Health's copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: Greg Pontius, Chief Information Officer, Bravo Health, 3601 O’Donnell Street, Baltimore, MD 21224, greg.pontius@bravohealth.com.

9. Disclaimer of Warranty. BRAVO HEALTH MAKES NO WARRANTIES WITH RESPECT TO ANY INFORMATION ON THE SITE. ALL INFORMATION ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BRAVO HEALTH MAKES NO WARRANTY THAT FILES OR OTHER MATERIALS AVAILABLE FOR DOWNLOADING FROM THE SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

10. Indemnity. You agree to indemnify and hold Bravo Health (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms of Service or your violation of any law or the rights of a third party.

11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, IN NO EVENT WILL BRAVO HEALTH BE LIABLE FOR ANY OF THE FOLLOWING: LOST PROFITS, LOST REVENUE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY USE OF THE SITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Site Policy Modification. Bravo Health is not obligated to update the Site, and the information on the Site may be outdated. Bravo Health reserves the right to make changes to the Site, related policies and agreements, and these Terms of Service at any time without notice. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new Terms of Service.

13. Electronic Communication. When you visit the Site or send e-mails to Bravo Health, you are communicating with Bravo Health electronically. You consent to receive communications from Bravo Health electronically. Bravo Health will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Bravo Health provides to you electronically satisfy any legal requirement that such communications be in writing.

14. Links. Any links to other websites are provided as a convenience only. Bravo Health is not responsible for the accuracy or content of any other website. Bravo Health is not responsible for, and does not endorse, any other website, any of the content of any other website, or any services or products described on any other website.

15. Survival of Terms After Agreement Ends. Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Service.

16. Disputes; Choice of Law. Any dispute relating in any way to your visit to the Site or services provided through the Site shall be submitted to confidential arbitration in Maryland, except that, to the extent you have in any manner violated or threatened to violate Bravo Health’s intellectual property rights, Bravo Health may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then-prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.

17. Miscellaneous. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Bravo Health to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Bravo Health does not guarantee it will take action against all breaches of these Terms of Service. Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. These Terms of Service constitute the entire agreement between you and Bravo Health and govern your use of the Site, superseding any prior agreements between you and Bravo Health with respect to the Site.



Page last updated on 12/2/2011 12:21:09 PM
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