Terms & Conditions
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This web site is comprised of various web pages owned and operated by
Discount Health Plans of America (herein after referred to as “DHPOA”).
The use of this site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your use of this web site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
DHPOA reserves the right to change the terms, conditions, and notices
under which this web site is offered at any time.
LINKS TO THIRD PARTY
SITES
This web site may contain links to other web sites ("Linked Sites"). These
Linked Sites are not under the control of DHPOA. DHPOA is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
DHPOA is not responsible for any form of transmission received from any
Linked Site. DHPOA is providing these links to you only as a convenience.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant to DHPOA that you
will not use this site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use this web site in any
manner which could damage, disable, overburden, or impair the site or
interfere with any other party's use and enjoyment of this site. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through this web
site.
DHPOA reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Discount Health Plans of
America's sole discretion.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE DHPOA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DHPOA
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS DISCOUNT
DRUG CARD WEB SITE AT ANY TIME. INFORMATION CONTAINED IN THIS WEBSITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
DHPOA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
DISCOUNT DRUG CARD WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. DHPOA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DHPOA
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
DISCOUNT DRUG CARD WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE DISCOUNT DRUG CARD WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE DISCOUNT DRUG WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DHPOA OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DISCOUNT
DRUG CARD WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DISCOUNT DRUG CARD WEB SITE.
PLEASE CONTACT US WITH ANY QUESTIONS YOU MAY HAVE BY CALLING
1-877-777-9909.
TERMINATION/ACCESS
RESTRICTION
DHPOA reserves the right, in its sole discretion, to terminate your access
to this Discount Drug Card web site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
MICHIGAN, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in Emmet County, MICHIGAN, U.S.A. in all disputes arising
out of or relating to the use of the Discount Drug Card web site. Use of
the Discount Drug Card web site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between
you and DHPOA as a result of this agreement or use of the Discount Drug
Card web site. DHPOA 's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement
is in derogation of DHPOA 's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the
Discount Drug Card web site or information provided to or gathered by
DHPOA with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and DHPOA
with respect to this web site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and DHPOA with respect to this site. A printed
version of this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that
this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of this web site are copyright 2010 by DHPOA. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
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