WEBSITE TERMS AND CONDITIONS
The Medsense Guaranteed Association (the “Association”) requires that each visitor (a “User”) to this Internet site (the “Site”) adhere to the following Website Terms and Conditions. Please read these Terms and Conditions carefully before using the Site. By accessing this Site, each User acknowledges that he or she has read, understands and accepts each of the Terms and Conditions. If the User does not agree to all of these Terms and Conditions, he or she should not use this Site and such acknowledgement and acceptance cannot be revoked.
General
The information contained in this notice is not intended to constitute an offer to sell or a solicitation in connection with any product, security, or service. It is provided solely for general informational purposes. The Association does not warrant the accuracy or completeness of the information, text, graphics, links, or other content contained on this Site or any other server. The Association makes no representation concerning the suitability of this documentation for any purpose. It is provided “as is” without express or implied warranty. This Site may contain hyperlinks to websites operated by parties other than the Association. Such hyperlinks are provided solely as a matter of convenience and without any representation or warranty. The Association does not control such websites and is not responsible for their contents. The inclusion of hyperlinks to such websites does not imply any endorsement, approval, or certification by the Association of the material on such websites or any association with their operators.
Personal Information Collection
Personal information about you and your dependents, such as name, address, telephone number, e-mail address, date of birth, and general health data, may be requested on this Site in order to deliver the requested materials to you, respond to your questions or to provide a price quote on an Association product. As part of the normal operation of our Site, we may collect a limited amount of information about your visit. The information we may track includes the URL you just came from, which URL you go to after leaving our Site, what browser you are using, and your Internet provider address. This type of information is tracked by many websites in order to make sure that visitors are able to use the site information and functions successfully. None of this standard tracking information is personally identifiable. The Association does not collect personally identifiable information (information that reveals the visitor’s identity) about a visitor unless the visitor knowingly and voluntarily provides such information. None of the information described herein is sold or provided to any third parties unrelated to the Association.
Information Disclosed
The personal information you submit to the Association remains your property, but by submitting that information to the Association, you grant the Association the right to use that information for marketing purposes and to follow up on your request or online visit. The Association may also use such information for content improvement and feedback purposes. BY SUBMITTING PERSONAL INFORMATION TO US, YOU AUTHORIZE US TO CONTACT YOU VIA E-MAIL, FACSIMILE, DIRECT MAIL OR TELEPHONE (INCLUDING USE OF AUTOMATIC DIALER AND PRERECORDED MESSAGING) IN ORDER TO PROCESS AND/OR FULFILL YOUR REQUEST OR FOLLOW UP ON YOUR VISIT, EVEN IF YOU ARE REGISTERED ON THE NATIONAL DO NOT CALL LIST OR ANY EQUIVALENT STATE DO NOT CALL LIST. YOU WILL BE CONTACTED AT THE PHONE NUMBER YOU PROVIDE TO US, REGARDLESS OF WHETHER IT IS A CELLULAR PHONE OR A LANDLINE. YOUR CONSENT AND APPROVAL ARE EXPRESS AND SPECIFIC AND CAN ONLY BE REVOKED AS PROVIDED HEREIN. If e-mail recipients wish to end their e-mail subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. The Association’s unsubscribe process impacts only the future delivery of electronic mailings disseminated by the Association on its own behalf.
Limitation of Liability
The Association expressly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, and accuracy. Information in the Site may be changed or updated without notice. The Association may also make improvements or changes in products described on this Site at any time without notice. The Association specifically disclaims any liability (whether based in contract, tort, and strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damage arising out of or in any way connected with access to or use of this Site (even if the Association has been advised of the possibility of any such damage), including any liability associated with any virus that may infect a User’s computer equipment. Under no circumstances will the Association be liable for any loss or damage caused by a User’s reliance on information obtained through this Site. It is the responsibility of each User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this Site.
No Representation as to Suitability
The Association makes no representation as to the financial or other suitability of any product described on this Site for any User. Each User specifically acknowledges that the Association is provided such information as a convenience to such User.
Copyright and Trademarks
All content on this Site is protected by applicable copyright laws. UserS are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content on this Site for commercial or public purposes. The trademarks, logos, and service marks (the “Marks”) displayed on this Site are the property of the Association. UserS are prohibited from using any Mark for any purpose without the express written permission of the Association.
Ownership
Association and/or its licensors retain all rights, titles, and interests to all material provided on this Site. The posting of information and material on this Site does not constitute a waiver by the Association or any of its licensors of any rights in such material and does not transfer any rights to any User of the Site.
Linking
The User may leave this Site and access other sites on the Internet that the Association does not maintain. The Association is not responsible for the content available on any other site on the Internet linked to this Site and disclaims any responsibility for such other sites. Access to any such other site linked to this Site is at the User’S own risk.
Your Internet User Information
When you come to this Web site, we log your current Internet address (this is usually a temporary address assigned by your Internet service provider when you log in), the type of operating system you are using, and the type of browser software used. In addition, we may keep track of what areas of our Site you visit. This information helps us improve our site and ensure that the information you need is easy to access. While we track this information about the technology you are using, we do not identify who you are. You will remain anonymous to our system unless you choose to tell us who you are. For example, when you submit a question via our e-mail submit form, this information is kept confidential and only disclosed to those who may be able to help answer your question within the company.
We do not disclose your personal information to other companies who intend to sell their products or services to you. For example, we will not sell your name or E-mail address to a catalog company. As part of the normal operation of our Site, we may collect a limited amount of information about your visit. The information we may track includes the URL you just came from, which URL you go to after leaving our Site, what browser you are using, and your Internet provider address. This type of information is tracked by many websites in order to make sure that visitors are able to use the site information and functions successfully. None of this standard tracking information is personally identifiable. The Association does not collect personally identifiable information (information that reveals the visitor’s identity) about a visitor unless the visitor knowingly and voluntarily provides such information.
Vendor Links
The Association does not guarantee that information contained within benefit provider directories is accurate, nor does the Association guarantee the availability of any particular vendor or service.
Laws and Regulations
Without limiting any for the statements contained herein, access to and use of this Site is subject to all applicable federal, state, and local laws and regulations.
International Sanctions, Boycotts and Money Laundering
The Association is committed to compliance with trade and economic sanctions and anti-terrorist financing laws, anti-money laundering, export controls, anti-boycott laws applicable to our business (collectively, trade restrictions). Among other things, trade restrictions restrict our ability to do business with specific jurisdictions, companies and persons; and may impose obligations to freeze funds or other assets of such parties. The Association will not do business with or in a sanctioned territory, company, or person as classified by the USA.
Access to Password Protected or Secure Areas
Access to and use of password-protected or secure areas of this Site are restricted to authorized persons only, and any User who accesses or attempts to access such areas without authorization may be subject to prosecution.
Code of Conduct
As a User, you agree to abide by the following Code of Conduct.
You may not:
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
- Modify the Site or Services in any manner or form, or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
- Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without our prior written permission;
- Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
- Collect or store personal data about other users of the Site or Services;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
- Manipulate identifiers in order to disguise the origin of any comment you post on the Site;
- Post any content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or
- Facilitate violations of these Terms of Service or the Privacy Policy.
We reserve the right to take any action we deem appropriate if we determine, in our sole and absolute discretion, that you have engaged in any of these practices or otherwise violated these Terms of Service. Such action may include removing any of your content, cancelling the account of any User we believe to be in violation of the Terms of Service, terminating your license to access the Site or use the Services or initiating civil or criminal legal proceedings. Internet transmissions are never completely secure.
Forward-Looking Statements
This Site includes “forward-looking statements” that express expectations of future events and/or results. All statements based on future expectations rather than on historical facts are forward-looking statements that involve a number of risks and uncertainties, and the Association cannot give assurance that such statements will prove to be correct.
Changes to Terms and Conditions
The Association reserves the right to revise theses Terms and Conditions at any time and Users are deeded to be apprised of and bound by any changes to these Terms and Conditions.
Violations of Terms and Conditions
The Association reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions, including the right to block access from a particular Internet address to this Site.
MEMBERSHIP TERMS AND CONDITIONS
The Association requires that each Member of the Association, as defined below, adhere to the following Membership Terms and Conditions. Please read these Terms and Conditions carefully before applying for membership. As a Member, you acknowledge that you have read, understand and accept each of the Membership Terms and Conditions.
Please read the membership and billing agreement. Signing up for a new membership indicates that you agree to the terms of membership and billing.
“Member” is an individual who resides in the United States, is 18 years of age or older, and is otherwise eligible to receive services. This definition also includes the Member’s dependents: legal spouse and/ or children under the age of 26 years residing with the Member. A civil union spouse is considered a legal spouse for policies issued in the state of Illinois.
If you are requesting enrollment as a Member of the Association, you understand that there are dues associated with the membership.
You understand that your failure to remit membership dues will result in loss of eligibility to participate in any of the Association sponsored programs or discounts.
You understand this is not an insurance program or product.
Applications for membership received between the 1st and 28th of the month where the payment was successfully processed will be considered in good standing as of the 1st of the month. Applications for membership received between the 28th and the end of the month where the payment was successfully processed will be considered in good standing on the 1st of the following month.
You understand that the Association will make every reasonable effort to ensure the information provided on its website is accurate at the time of initial posting; however, you understand that it is the MEMBER’S RESPONSIBILITY to confirm the information listed with the product or service provider is still accurate and valid as of the date of purchase from the service provider. You will contact the Association in the event any benefit, discount or offer listed on the Association website purported by you to be inaccurate in any way.
You understand that the Association does not set the discounts or services offered by the individual service provider; therefore, the Association cannot guarantee that any specific savings will be realized. It is your responsibility to verify service provider charges and make an informed determination of potential savings based upon market comparison. You further understand that the Association and its affiliates, directors, officers, employees and representatives are not responsible for the outcome of any services received from any service provider associated with the Association either directly or indirectly; and, you agree to hold the Association and its affiliates, directors, officers, employees, representatives and associates harmless for any undesirable outcome or damage or loss caused by or resulting from any service, product or action of a service provider.
You further affirm you are not enrolling for someone else, another entity – or on your own behalf, for the purpose of, in whole or in part, of making threats or demands for money by alleging violations of the Telephone Consumer Protection Act and/or Federal Trade Commission DO NOT CALL registry or regulations. You expressly indemnify all parties involved in enrolling in these product(s) from any alleged violations, or threats of litigation, as it relates to the Telephone Consumer Protection Act or Federal Trace Commission DO NOT CALL registry related violations.
Termination of Membership
The Association may terminate your membership if the Association believes, in its sole discretion, that such membership is determinantal to the Association in any way or if such Member violates that terms and conditions of membership including the provisions contained herein. If such Member is terminated by the Association, the Association shall refund any unused dues paid by such Member.
The Association may also terminate any membership if it determines, in its sole discretion, that such Member has obtained such membership under false pretenses or is otherwise utilizing such membership in a manner inconsistent with the bylaws and governing documents of the Association.
Authorization of Payment
By applying for membership, you confirm the following: You authorize the Association or a designated third-party billing service on behalf of the Association to charge the credit card or ACH debit indicated in your authorization. You understand that your authorization will remain in effect until you cancel it in writing, and you agree to notify the Association in writing of any changes in your account information or termination of this authorization at least 10 days prior to the next billing date. Your payment authorization is for the type of bill indicated on your application. You certify that you are 18 years of age or older and an authorized User of the credit card or bank account you provide and that you will not dispute the scheduled payments with your Credit Card Company or bank provided the transactions correspond to the terms indicated in this authorization.
Electronic Delivery
You have agreed to downloading your membership information and where applicable your certificate electronically. If you choose to do so, you are consenting to accept electronic delivery of your certificate. You also have the right at any time to receive a hard copy of your certificate. If you choose this option, please call (800) 992-8044.
Consent to Communication
You have agreed to be contacted by the Association through email, phone, and regular mail for the purpose to communicate as it applies to your membership. Such examples are newsletters, billing notices, membership proxy notices. Your information will be shared with service providers when necessary to fulfill their obligation to provide the benefits, privileges and services they have undertaken to provide. You understand that a failure to receive such communication due to an incorrect email address is no fault of the Association.
Cancellation Policy
You may cancel automatic payments at any time by calling Customer Service at (800) 992-8044. You understand that you may terminate the scheduled payments by providing notification to the Customer Service team ten (10) business day prior to the next scheduled payment date. This advance notice allows processing time to ensure the termination occurs prior to the next scheduled payment date. Automatic payment termination cannot be guaranteed with respect to notice provided outside of this window. If you are not satisfied with your membership, you may cancel within thirty (30) days from your membership’s start date and you may be eligible to receive a full refund on the monthly membership dues collected for the first month. All cancellations must be directed to Customer Service at (800) 992-8044. Cancellations are processed Monday – Friday from 8:30 a.m. to 4:30 p.m. Central Time.
Forward-Looking Statements
This Site includes “forward-looking statements” that express expectations of future events and/or results. All statements based on future expectations rather than on historical facts are forward-looking statements that involve a number of risks and uncertainties, and the Association cannot give assurance that such statements will prove to be correct.
Changes to Terms and Conditions
The Association reserves the right to revise theses Terms and Conditions at any time and Members are deeded to be apprised of and bound by any changes to these Terms and Conditions.
Violations of Terms and Conditions
The Association reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions, including the right to block access from a particular Internet address to this Site.