TERMS OF USE

Welcome…. Goods Insured, LLC and The Health Shop, LLC dba Healths Insured are doing business as Goods Insured and Healths Insured (referred to in these Terms of Use as "GoodsInsured,"HealthsInsured , "Goods & Healths Insured”, "we," "us" or "our"), is the provider and operator of the websites goodsinsured.com , healthsinsured.com (collectively, the "Site") through which we offers its services as an insurance agent for direct customers, small businesses, providers, and insurance brokers (the Site and these services will be referred to in these Terms of Use as the "Service").

These Terms of Use are a legal contract between you and Goods & Healths Insured. By accessing or using the Site or any of the Services, you hereby agree to these Terms of Use, and you warrant that you are at least 18 years of age or the age of majority in your jurisdiction. If you do not agree with these Terms of Use, then please do not use the Site or the Services.

We may change these Terms of Use at any time, and we will notify you of any material changes by posting a message on our home page. Your continued use of the Site or Services after any such change will constitute your acceptance of any modified terms.

Collection and Use of Personal Information Your use of the Services may involve the transmission to us of certain personally-identifiable information. Our policies with respect to our collection and use of such information are set forth in our Privacy Policy, which is hereby incorporated by reference in its entirety.

All information provided to you through your use of this Service is provided for general informational and educational purposes.

The Services may also include our preparation of quotes and brokering and transacting of sales to you of third-party insurance products. We are a licensed independent insurance broker. We do not underwrite any insurance policy made available to you through the Services. Any insurance policy premium quotes or ranges displayed on the site or through the Services are non-binding. The final insurance policy premium for any policy is determined by the underwriting insurance company following application. Insurance products and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The third-party insurance products offered for sale through the site are only available in the jurisdictions in which we are properly licensed.

Your use of certain Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable third-party insurance carriers. Any third-party insurance products purchased by you through the Site are subject to the terms and conditions of the applicable insurance carrier. In the event of a conflict between these Terms of Use and the terms of any such other terms, the terms of such other terms will control.

Privacy Policy

In connection with your use of the Service, please review our Privacy Policy, in order to understand how we use information we collect from you when you access, visit, or use the Service. The Privacy Policy is part of and is governed by these Terms of Use and by accepting the Terms of Use, you agree to be bound by the terms of the Privacy Policy, and agree that we may use information collected from you in accordance with the Privacy Policy.

Registration

As a condition of using certain features of the Service, you will be required to register through the Service and select a password and user ID. You may not: (a) select or use as a user ID a name of another person with the intent to impersonate that person; (b) use as a user ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a user ID a name that is otherwise offensive, vulgar, or obscene. We reserve the right to refuse registration of, or to cancel, a user ID, in our sole discretion. You shall be responsible for maintaining the confidentiality of your user ID and password. If you become aware of any unauthorized use of your password or of your account, you should notify us immediately at [email protected] or [email protected]

Prohibited activities

You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following:

• Criminal or tortious activity, including fraud, spamming, copyright infringement, patent infringement, or theft of trade secrets.
• Using any information obtained from the Service in order to contact, advertise to, solicit, or sell any products or services to anyuser without their prior explicit consent.
• Engaging in any automated use of the Service, such as using scripts to send comments or messages.
• Interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service.
• Attempting to impersonate another user or person.
• Using the user ID or account of another user.
• Accepting payment of anything of value from a third person in exchange for your performance of any commercial activity on or through the Service on behalf of that person.
• Using the Service in a manner inconsistent with any and all applicable laws and regulations.

Management of the service.

You acknowledge that we reserve the right, but have no obligation, to (a) take appropriate legal action against anyone who, in our sole determination, violates these Terms of Use, including, without limitation, reporting you to law enforcement authorities, (b) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Service, and (c) otherwise manage the Service in a manner designed to protect the rights and property of Goods Insured & Healths Insured and users of the Service and to facilitate the proper functioning of the Service.

Use of the service.

The Service and its contents and the trademarks, service marks and logos contained on the Service, are the intellectual property of Goods Insured & Healths Insured, its affiliates or its or their licensors or suppliers and constitute copyrights and other intellectual property rights of Goods Insured and/or Healths Insured, its affiliates or its or their licensors or suppliers under U.S. and foreign laws and international conventions. The Service, its contents and any data generated or produced using the Service may only be used for your informational, personal, non-commercial use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of Goods Insured and/or Healths Insured. You agree not to engage in the use, copying or distribution of the Service, any of its contents or any data generated or produced using the Service for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Service. We may, but are not obligated to, periodically provide updates to the Service to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Service or to any contents contained on the Service. All rights not expressly granted in these Terms of Use are reserved by Goods Insured & Healths Insured. You are solely responsible for your interactions with other users of the Service.

Intellectual Property

The Site contains material, such as text, graphics, images, and other material provided by or on behalf of us, and through your use of the Services you will be provided with additional information from us, including, but not limited to, the results of the Personal Insurance Checkup; all of these materials and information are collectively referred to herein as the “Content.” The Content is owned by us or our licensors and is protected under both United States and foreign laws.

The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the Site, which are registered and unregistered trademarks or service marks of ours or our licensors.

You shall not: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Content for any purpose other than your own personal use; (iii) remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content; (iv) sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose; or (v) use or post the Content on any other website or in a networked computer environment

Termination of your use of the service

We may suspend or terminate your use of the Service if you violate these Terms of Use or in our discretion where permitted by applicable law. We may also impose limits on or restrict your access to parts or all of the Service without notice or liability.

Fees and charges

If you elect to purchase products and services through the Service, the price of these products and services will be provided to you prior to purchase. By submitting payment through the Service, you authorize us to charge the applicable fees and any applicable taxes to the account you provide for payment. Except as expressly set forth herein or as required pursuant to applicable law, you will not be entitled to a refund of any fees.

Your Account

You do not need to register with us to visit and view the Site. However, to access certain password-protected areas of the Site and to use certain Services, you must register for an account. To register for an account, you must provide us with your first name, last name, and email address. You warrant and represent that all registration information provided by you is truthful and accurate. You are required to update your registration information as necessary from time to time. All registration information and any other personal information that you provide to us through your use of the Service is subject to the terms of our Privacy Policy.

You must create a password for your account. You are solely responsible for the confidentiality of your password, as well as for any use of the Site or any Services made using your password. Your password should only be used by you, and you should not share your password with any third party. We reserve the right to delete or change any password at any time and for any reason upon notice to you.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”), you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information

Disclaimer and Limitation of Liability

IN NO EVENT SHALL Goods Insured & Healths Insured, ITS AFFILIATES OR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF Goods & Health Insured OR ITS AFFILIATES, OR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Goods & Health Insured'S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED USD $100.

Where applicable laws do not allow warranties or terms to be excluded or liability to be limited, some of the above disclaimers and limitations may not apply and you may have additional rights. None of the exclusions or limitations in these Terms of Use will have the effect of limiting or excluding any liability to the extent such liability cannot be limited or excluded under applicable law.

Disclaimer of warranties.

THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE SERVICE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Goods & Health Insured, ITS AFFILIATES NOR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE SERVICE AND Goods & Health Insured EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH ANY INFORMATION, MATERIALS, OR SERVICES PROVIDED THROUGH THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE", TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR ANY CONTENT.

THE RESULTS ARE PROVIDED FOR YOUR PERSONAL INFORMATION AND EDUCATION ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE. YOUR INSURANCE NEEDS MAY DIFFER FROM those describe in resources & guides or other section of the site, DEPENDING ON DETAILS WE DID NOT CAPTURE (INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF YOUR DEDUCTIBLES, THE TERMS OF YOUR EMPLOYER-PROVIDED INSURANCE COVERAGE, THE IDENTITY OF YOUR INSURANCE CARRIERS, AND YOUR HEALTH HISTORY). THE QUOTE SYSTEM RESULTS & PRICES SHOULD NOT BE INTERPRETED AS FINANCIAL ADVICE, OR AS A RECOMMENDATION TO BUY OR FOREGO ANY INSURANCE PRODUCT, WITHOUT DOING FURTHER RESEARCH ON YOUR OWN OR WITH A FINANCIAL PROFESSIONAL. ALTHOUGH WE USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE RESULTS OF THE PERSONAL INSURANCE CHECKUP ARE ACCURATE, NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS GIVEN WITH RESPECT TO THEIR ACCURACY OR WITH RESPECT TO THE ACCURACY OF ANY OTHER CONTENT.

ANY AND ALL INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY INCONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS. ANY AND ALL QUESTIONS, CONCERNS OR DISPUTES WITH ANY SUCH PRODUCTS SHOULD BE RAISED WITH THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS AND NOT WITH US.

IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, ANY SERVICE, OR ANY CONTENT IS TO STOP USING THE SAME.

External Sites

Links to other websites. The Service may contain links to third-party websites, resources or data. You acknowledge and agree that Goods Insured and/or Healths Insured is not responsible or liable for: (a) the availability or accuracy of these third-party websites, resources or data; or (b) the content, products, or services on or available from these websites, resources or data. You also acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites, resources and data. Links to third-party websites on the Service are not intended as endorsements or referrals by Goods Insured & Healths Insured of any products, services or information contained on the applicable websites. These Terms of Use do not apply to third-party websites, including the content of and your activity on those websites. You should review third-party websites' terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies and practices of third-party websites.

Before using any External Site, please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You shall defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, cost, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; or (ii) your access to, use, or misuse of the Site, any Services or any Content.

Termination

We may terminate these Terms of Use and access to all or any part of the Site or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Services sat any time without prior notice or liability to users.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Indemnification, and the sections entitled Disclaimer, Limitation of Liability and Intellectual Property shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in New York, New York. These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

Void where prohibited

The Service is intended for users located in those states in the United States in which Goods Insured & Healths Insured or any of its affiliates are licensed insurance agents or brokers. The Service is not intended as a solicitation for insurance in any state where Goods Insured and/or Healths Insured or any of its affiliates are not licensed. Although the Service may be accessible in other geographic locations, the features, products or services discussed, referenced, provided or offered as part of the Service are only available to users in the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic location. Any offer for any feature, product or service made available through the Service is void where prohibited by law.

Unauthorized transactions

In the event that you use a credit card to pay for any products or services offered through the Service, you are representing to Goods Insured and/or Healths Insured that you are authorized to use that credit card. Any violation of this requirement will be reported to the appropriate authorities.

Governing law and jurisdiction. These Terms of Use and any disputes relating hereto are governed by the laws of the State of Wyoming, USA without regard to principles of conflicts of laws, and by using the Service, you consent to the exclusive jurisdiction of the state and federal courts in the State of Wyoming, USA for resolution of any disputes relating to these Terms of Use and/or the Service, including litigation to enforce an arbitration award, and waive any objection thereto.

Arbitration agreement and waiver of class remedies

Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Use (including its formation, performance and breach) and the Service shall be finally settled by binding arbitration administered by the American Arbitration Association ('AAA') in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Goods Insured and/or Healths Insured will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Class action waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Litigation of small claims court claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

Thirty-day right to opt out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth this Section by sending written notice of your decision to opt out to: [email protected] or [email protected] . The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.

Notification of changes

These Terms of Use may be amended by Goods & Healths Insured from time to time. We will post any material changes to these Terms of Use on the Site with a notice advising of the changes at least thirty (30) days before the effective date of the changes. You may cancel your account prior to the end of the applicable thirty (30) day period by contacting us using the contact information in Section 28 below. If you choose to cancel your account within this thirty (30) day period, you will not be bound by the new terms.

No oral modifications

Employees of Goods & Healths Insured are not authorized to modify these Terms of Use, either verbally or in writing. If any employee of Goods & Healths Insured offers to modify these Terms of Use, he or she is not acting as an agent for Goods & Healths Insured or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Goods & Healths Insured or anyone else purporting to act on our behalf.

No third-party beneficiaries

These Terms of Use are between you and Goods & Healths Insured. There are no third-party beneficiaries.

Independent contractors

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Goods & Healths Insured in any respect whatsoever.

Non-waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force majeure

Goods & Healths Insured shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Goods & Healths Insured's reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation.

Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.

Assignment

These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Use and our related rights and obligations without obtaining your consent.

Entire agreement

These Terms of Use supersede all prior and contemporaneous agreements, representations, and warranties and understandings, whether oral or written, with respect to the Service or the contents of the Site. Modifications to the Terms of Use that are not posted on the Site are not valid unless made in writing and signed by an authorized representative of Goods & Healths Insured. In the event of any conflict between these Terms of Use and any other agreement or understanding related to the Service, these Terms of Use shall control.

Notices

In the case of notices we send to you, you consent to receive notices and other communications through posting of notices on the Site, or with regard to material changes to these Terms of Use or the Service, sending you an email at the email address you provided to us, or mailing a notice to you at the mailing address you provided to us. You agree that all agreements, notices, disclosures, and other communications that Goods & Healths Insured provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.

Apple-Enabled Software Applications

Goods Insured and/or Healths Insured offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• We and you acknowledge that these Terms of Service are concluded between we and you only, and not with Apple, and that as between we and Apple, we not Apple are solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Goods & Healths Insured sole responsibility, to the extent it cannot be disclaimed under applicable law.
• We and you acknowledge that Goods & Healths Insured, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to:(i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between we and Apple, Goods & Healths Insured not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

COPYRIGHT COMPLAINTS

Goods & Healths Insured respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. Goods & Healths Insured will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Cover’s Copyright Agent at [email protected] or [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: PO BOX 566539 Miami, FL 33256 To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

COUNTER-NOTICE:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Goods Insured and/or Healths Insured will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

REPEAT INFRINGER POLICY

In accordance with the DMCA and other applicable law, we has adopted a policy of terminating, in appropriate circumstances and Goods & Healths Insured sole discretion, users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Social Networking Services You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. Finally, you can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

Goods & Healths Insured Referral Program

The Goods & Healths Insured Referral Program allows registered customers to reward friends with gift cards when they sign up through Goods & Healths Insured, as well as earn gift cards for themselves by making the referral. Customers who refer someone who does not file a claim, cancel, or lapse payment before one year of being a Goods or Healths Insured customer, are eligible for a one-time payment of $100. To participate, customers must agree to these terms, which become part of the terms of use.

Eligibility

Only registered account holders are eligible to refer new customers. Referral links can be can be created and sent via email messaging hub or by opening a support ticket in your dashboard or from within the apps.

Referred Friends

Referred customers are only eligible if they have not previously had an account with us. A referred friend clicks on their referral link, subscribes, purchases an insurance of value of $100 or more. Customers who reside in Texas can only receive a $25 gift card per referral. Referred friends that have signed up through using a valid referral link will also receive a gift card. The gift card value that they receive is clearly outlined along with additional terms shown in the referral invitation and accompanying promotional materials.

Multiple Referrals

If a referred friend receives referral links from multiple Goods or Healths Insured customers, only the corresponding customer with correct referral link used by the referred friend will receive the gift card. Once a referred friend becomes a customer, they can become a participant in this referral Program by inviting their own friends. Each customer can only claim a maximum of $250 within 2 year for referring a customer who does not file a claim, cancel, or lapse payment before one year once, regardless of how many of their referrals meet this criteria.

Termination and Change

Goods and/or Healths Insured may suspend or terminate the Referral Program or a user’s ability to participate in the referral program at any time for any reason.

Submission of questions and feedback.

If you submit opinions, suggestions, feedback, and/or proposals to us through the Service, or through any other communication with us, you acknowledge and agree that: (a) the submissions you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the submissions you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the submissions you provide for any purpose, in any way, in any media worldwide; (d) the submissions you provide will automatically become the property of Goods & Healths Insured without any obligation of we to you; and (e) you are not entitled to any compensation or reimbursement of any kind from Goods & Healths Insured in connection with your submissions under any circumstances.