Coverage Guidance

Terms of Use

These Terms of Use govern your access to and use of Coverage Guidance (converageguidance.com) and any related services.

Last updated: July 19, 2023

Acceptance of Terms

By using the Internet site located at converageguidance.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Coverage Guidance (the “Company”) from time to time in its sole discretion. The Company will post a notice on the Site any time these Terms of Use have been changed or updated. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

Eligibility. BY USING THIS SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Privacy Policy

The Company respects your privacy. A complete statement of the Company’s current Privacy Policy can be found at the bottom of converageguidance.com. The Company’s Privacy Policy is expressly incorporated into this Agreement by reference. By providing information to the Company through the Site or Services, you provide affirmative consent that the Company may collect, use, and disclose any information submitted or collected through the Site or Services; that the Company may contact you via any contact method you provide, including email and telephone; that the Company may disclose your contact information to third parties; and that such third parties may contact you via commercial email, telephone, or any other communication method.

Registration and Account Security

If you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Intellectual Property Compliance

When accessing the Site or using the Service, you agree to obey the law and respect the intellectual property rights of others. Your use of the Service and the Site is governed by laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (“Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of relevant laws and for infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

No License. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

Alleged Violations

The Company reserves the right to terminate your use of the Service and/or the Site. To ensure that the Company provides a high-quality experience for you and other users, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with others’ use of the Site or the Service.

No Warranties

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SITE AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limited Liability

THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

Affiliated Sites

The Company has no control over, and no liability for, any third-party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content or performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites. The Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, in connection with your use of the Site, you may have access to content items that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and is not responsible for, the accuracy, currency, content, or quality of any services or downloads you receive from a third party, and that the Company is not affiliated with any third party that you may link to through this Site. You expressly agree to indemnify the Company from any claims you may have against a third party that you linked to or accessed via the Company’s Site.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:

  1. Accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
  2. Attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
  3. Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  4. Using the Site or Service to send unsolicited email, including promotions or advertisements for products or services;
  5. Forging any TCP/IP packet header or any part of the header information in any email or posting using the Service; or
  6. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or Service.

Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Copyright

All contents of the Site or Service are: Copyright © 2024 Coverage Guidance. All rights reserved.

Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws of the State of California without reference to conflict of law rules. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the State of California, United States, for all disputes arising out of or related to the use of the Site or Service.

Severability; Waiver

If, for any reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Arbitration Agreement

Any dispute or claim relating in any way to your use of this website, including any related calls, texts, or other communications, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small-claims court if your claims qualify. This includes claims against our clients, vendors, and marketing partners, which are third-party beneficiaries of this arbitration agreement. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

The arbitration may be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Modifications

The Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. The Company will post any revision to these Terms of Use to the Site, and the revision shall be effective immediately upon posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. By continuing to use or access the Site following notice of any revision, you agree to abide by any such revision.

Acknowledgement

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.