Kentucky Health Cooperative
All of the content in the Site is made available only for your lawful use in connection with seeking insurance. Use of the Site by a competitor company or other third party is prohibited. Except as expressly mandated by law, you may not, without Kentucky Health Cooperative's prior written permission: (i) link from another website to the Site; (ii) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Site; or (iii) engage in systematic retrieval of data or other content from the Site.
The products offered on the Site are only available in the jurisdictions in which Kentucky Health Cooperative is properly licensed.
Limitation of Liability
Kentucky Health Cooperative shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if Kentucky Health Cooperative has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third-Party Site, materials in any Third-Party Site, or the inability to use any Third-Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of Kentucky Health Cooperative's gross negligence or willful misconduct, the unauthorized alteration of or access to your transmissions or personal data.
Jurisdiction, Enforceability and Termination
Copyrights and Trademarks
Except as otherwise indicated, all materials on the Site, including without limitation the Kentucky Health Cooperative logo and other Kentucky Health Cooperative trademarks and service marks, are the property of Kentucky Health Cooperative, Inc. ("KYHC") and/or its affiliates or licensors and are protected by international copyright and trademark laws, all rights reserved.
The Site and the services may only be used by you for lawful purposes. Transmission, distribution, or storage of Content (as defined herein) or other material in violation of any applicable local, state, federal, foreign, or international laws, rules, or regulations is prohibited. You understand that the technical processing and transmission of the services, including your Content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that all information, advertising, data, text, articles, software, music, sound, photographs, graphics, video, messages, postings, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Kentucky Health Cooperative, are entirely responsible for all Content that you upload, post, e-mail, or otherwise transmit via the services, and that you must evaluate, and bear all risks associated with, the use of any Content posted or transmitted by you or other users. Kentucky Health Cooperative does not control the Content posted by users via the services and, as such, does not guarantee the usefulness, accuracy, integrity, or quality of such Content. Under no circumstances will Kentucky Health Cooperative be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted, whether by Kentucky Health Cooperative, you, or others.
You agree to not use the services to: (a) upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) post any incomplete, false, or inaccurate biographical information; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the services; (f) upload, post, e-mail, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (g) upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; (h) upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other similar solicitations; (i) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (j) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (k) interfere with or disrupt the services or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (l) intentionally or unintentionally violate any applicable local, state, federal, foreign, or international laws, rules, and regulations; (m) stalk or otherwise harass another; or (n) collect, store, or use personal data about other users of the services, except as may be necessary to complete a transaction offered or accepted by such users.
When retrieving information from the Site, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser; (b) aggregating, copying, or duplicating any of the materials or information except for the small amount of materials and information temporarily required for an ordinary single use of the Site; and (c) accessing data not intended for you.
Recognizing the global nature of the Internet, you acknowledge that what may legally be done on or through the Internet in the jurisdiction of your residence may not be permissible in every jurisdiction in the world. Therefore, you specifically agree to comply with all local laws, rules, and regulations of the jurisdiction of the recipient regarding online conduct and acceptable Content. In addition, you agree to comply with all applicable laws, rules, and regulations regarding the transmission of technical data exported from the United States and the country in which you reside.
No Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services and/or Content, use of the services and/or Content, or access to the services and/or Content, without the express written consent of Kentucky Health Cooperative and the Content author.
Modification and Termination
You acknowledge that Kentucky Health Cooperative may establish general practices and limits concerning use of the services. You agree that Kentucky Health Cooperative has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the services. You further acknowledge that Kentucky Health Cooperative reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice, including without limitation, adding or deleting fees associated with the services. If any charge is applicable to any services, Kentucky Health Cooperative will notify you in advance.
Kentucky Health Cooperative reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services, in whole or in part, with or without notice. You agree that Kentucky Health Cooperative shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the services or removal of Content.
You agree that Kentucky Health Cooperative, in its sole discretion, may terminate your use of the services, in whole or in part, and remove and discard any Content, for any reason without notice. Further, you agree that Kentucky Health Cooperative shall not be liable to you or any third party for any termination of your access to the services.
Kentucky Health Cooperative's Proprietary Rights
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KENTUCKY HEALTH COOPERATIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY OF DATA, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR FROM USAGE OF TRADE; (b) KENTUCKY HEALTH COOPERATIVE MAKES NO WARRANTY (i) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (ii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE; (iii) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (iv) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (c) DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT OR OTHER MATERIAL THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KENTUCKY HEALTH COOPERATIVE OR THROUGH OR FROM THE SERVICES OR CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS WEB SITE USER AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KENTUCKY HEALTH COOPERATIVE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES) RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES OBTAINED OR CONTENT USED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH OR FROM THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (e) ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES; OR (f) ANY OTHER MATTER RELATING TO THE SERVICES, THE CONTENT, OR THE WEB SITE, EVEN IF KENTUCKY HEALTH COOPERATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.