QUOTE REQUEST AGREEMENT

Welcome To GetMyHealthQuotes.com/BuyMNHealthInsurance.com!

IMPORTANT:  please carefully read this QUOTE REQUEST agreement (“Agreement”).  THIS WEBSITE (“GETMYHEALTHQUOTES.COM/BUYMNHEALTHINSURANCE.COM”) IS PROVIDED TO YOU, CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION, OF THE FOLLOWING TERMS and CONDITIONS.  YOUR USE OF GETMYHEALTHQUOTES.COM/BUYMNHEALTHINSURANCE.COM CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS AND CONDITIONS, and any OPERATING rules, terms of use or privacy POLICIES THAT may be IN EFFECT FROM TIME TO TIME, which are incorporated into this agreement by reference.  Your use of GETMYHEALTHQUOTES.COM/BUYMNHEALTHINSURANCE.COM after such changes are posted OR otherwise delivered to you constitutes your acknowledgement and ACCEPTANCE of such changes.  if you do not AGREE to the terms and conditionS of this agreement, do not ACCESS OR use GETMYHEALTHQUOTES.COM/BUYMNHEALTHINSURANCE.COM.  if you are dissatisfied with this agreement or GETMYHEALTHQUOTES.COM/BUYMNHEALTHINSURANCE.COM, YOU agree that your sole and exclusive remedy against BUY MN HEALTH INSURANCE, llc (“BMHI”) is to discontinue using GETMYHEALTHQUOTES.COM/BUYMNHEALTHINSURANCE.COM.

1. GETMYHEALTHQUOTES.COM/BUYMNHEALTHINSURANCE.COM IS ONLY A VENUE. GetMyHealthQuotes.com/BuyMNHealthInsurance.com acts as an on-line marketplace between consumers and insurance agents and/or brokers (each, an “Agent-Broker,” and collectively combined with other users of GetMyHealthQuotes.com/BuyMNHealthInsurance.com, “Users”).  BMHI is solely an intermediary between Users and does not buy, sell or distribute any products or services.  BMHI is not involved in the actual transaction between Users, and has no responsibility or liability with respect to any part of the Users’ transactions or any issues related directly or indirectly to such transactions.  It is entirely your responsibility to enter into a contract or agreement directly with an Agent-Broker of your choosing.  Your rights under contracts you enter into with Agents-Brokers are governed by the terms of such agreements and by applicable law.  BMHI does not endorse, recommend, warrant or guarantee the products or services of any Agent-Broker, and is not responsible or liable for any products or services purchased or obtained by you through GetMyHealthQuotes.com/BuyMNHealthInsurance.com.  Nothing herein contains an offer, promise or commitment from BMHI to make available specific products or services, or that any participating Agent-Broker will make any product or service available or complete a transaction.  BMHI has no control over the business practices of Agents-Brokers, and is not liable for any acts or omissions of any User of GetMyHealthQuotes.com/BuyMNHealthInsurance.com.

2. INFORMATION PROVIDED TO BMHI.  BMHI stores certain information about you, and your insurance needs on GetMyHealthQuotes.com/BuyMNHealthInsurance.com.  Some of this information will be sent to Agents-Brokers who will need this information to respond to your quote requests.  By providing this information to BMHI, or by submitting a quote request, you are requesting, and you expressly consent to being contact by BMHI and/or by an Agent-Broker via telephone, facsimile, electronic mail, direct mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state or other applicable “DO NOT CALL” list, in order to provide the products or services made available through GetMyHealthQuotes.com/BuyMNHealthInsurance.com, to service your account or for other purposes reasonable related to your quote requests and our business, including marketing and related e-mails.  For complete details on BMHI’s use of your information, please see BMHI’s then-current Privacy Policy and Terms of Use.  Please read this notice carefully for information relating to BMHI’s collection, use and disclosure of your personal information.

3. ACCESS TO GETMYHEALTHQUOTES.COM/BUYMNHEALTHINSURANCE.COM.  During the term of this Agreement, BMHI grants to you a personal, non-transferable, non-sublicensable and non-exclusive right to use GetMyHealthQuotes.com/BuyMNHealthInsurance.com in object code form only, and pursuant to the terms and conditions set forth in this Agreement.  You are responsible for any and all telecommunication services, Internet access, hardware and software necessary or helpful for accessing GetMyHealthQuotes.com/BuyMNHealthInsurance.com.  BMHI reserves the right at any time to modify or discontinue, temporarily or permanently, GetMyHealthQuotes.com/BuyMNHealthInsurance.com (or any part or feature thereof) with or without notice or liability to Users.  BMHI shall not be liable to you or to any other third party for any modification, suspension or discontinuance of GetMyHealthQuotes.com/BuyMNHealthInsurance.com.

4. AGENTS-BROKERS.

(a) No Agency.  Agents-Brokers listed through GetMyHealthQuotes.com/BuyMNHealthInsurance.com are independent contractors, and their participation in GetMyHealthQuotes.com/BuyMNHealthInsurance.com shall in no way be construed to create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship.  BMHI assumes no liability, obligation or responsibility in connection with any transaction between Agents-Brokers and you.

(b) Screening.  It is your sole responsibility to conduct an evaluation of each Agent-Broker, to select an Agent-Broker that suits your needs and to negotiate the terms for any products or services to be provided by the Agent-Broker you select, including ascertaining whether the Agent-Broker is licensed, insured, bonded or otherwise qualified to provide the products or services requested.  BMHI does not: (i) endorse or recommend any specific Agent-Broker; (ii) provide advice on selection of any Agent-Broker; (iii) warrant or guarantee the quality of any product or service an Agent-Broker provides to you; or (iv) make any representations or warranties regarding the qualifications of an Agent-Broker.  BMHI shall not be liable and disclaims any duty, obligation or liability regarding any action or inaction of an Agent-Broker.

(c) Agent-Broker Profiles.  BMHI allows Agents-Brokers to post information about their business on GetMyHealthQuotes.com/BuyMNHealthInsurance.com.  BMHI does not review or verify such information included in these profiles; provided, however, Agents-Brokers participating in GetMyHealthQuotes.com/BuyMNHealthInsurance.com are required to warrant that they will respond to quotes in accordance with current industry and professional standards, as well as applicable laws, statutes, regulations and rules.

(d) Disputes; Release.  You are solely responsible for your interactions with Agents-Brokers.  BMHI reserves the right, but has no obligation, to monitor disputes between you and Agents-Brokers, and may provide a resolution process to try and assist you in resolving any problems that may arise which may be the fault of an Agent-Broker you learned about through GetMyHealthQuotes.com/BuyMNHealthInsurance.com.  In the event of a dispute between you and one or more Agents-Brokers, you release BMHI from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

5. PROPRIETARY RIGHTS.

(a) Intellectual Property Ownership; Reservation of Rights.  BMHI owns and retains all proprietary rights in GetMyHealthQuotes.com/BuyMNHealthInsurance.com, including databases, trademarks, software, copyrighted material, modifications, ideas, method of operation, processes, know-how, aesthetic aspects, graphical user interfaces and the look and feel of GetMyHealthQuotes.com/BuyMNHealthInsurance.com, all which are proprietary materials which contain valuable trade secrets and intellectual property rights owned exclusively by BMHI or its licensors.  You may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.  You will not remove, obscure or alter BMHI’s or its licensors’ proprietary notices, disclaimers, trademarks or other proprietary rights notices of any kind affixed or contained in any written or electronic report, output or result generated in connection with GetMyHealthQuotes.com/BuyMNHealthInsurance.com.  Any software is licensed, not sold.

(b) Additional Restrictions.  You will only use materials made available through GetMyHealthQuotes.com/BuyMNHealthInsurance.com for your personal use, and not for other commercial or public purposes, or for the benefit of any other person or entity, such as providing outsourcing, service bureau services, unauthorized framing or linking, or collecting usernames and/or e-mail addresses for the purpose of advertising, solicitation or sending unsolicited e-mail.  In addition, you will not: (i) post or transmit on or through GetMyHealthQuotes.com/BuyMNHealthInsurance.com any libelous, obscene or otherwise unlawful information of any kind; (ii) interfere with, disable, modify, decompile, decode, or reverse engineer GetMyHealthQuotes.com/BuyMNHealthInsurance.com or the BMHI systems in any way; (iii) engage in any conduct involving GetMyHealthQuotes.com/BuyMNHealthInsurance.com that would constitute a criminal offense or give rise to civil liability under or violate any local, state, federal or other law or regulation; (iv) upload, post, reproduce or distribute to or through GetMyHealthQuotes.com/BuyMNHealthInsurance.com any material protected by copyright, privacy, confidentiality, law or otherwise, or any other proprietary right without first obtaining written permission from the owner thereof; or (v) access unauthorized areas of BMHI’s systems.

(c) Reservation of Rights.  All rights not expressly granted to you are reserved by BMHI and/or its licensors.

6. WARRANTY DISCLAIMER.  EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BMHI PROVIDES GETMYHEALTHQUOTES.COM/BUYMNHEALTHINSURANCE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BMHI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE SCREENING PROCEDURES OR STANDARDS ASSOCIATED WITH AGENTS-BROKERS ARE SUFFICIENT, OR THAT THE INFORMATION OBTAINED AND PROVIDED IS ACCURATE, TIMELY OR ERROR FREE.

7. INDEMNIFICATION.  You agree to indemnify and hold BMHI and its officers, directors, shareholders, investors, employees, agents and other affiliated entities harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of GetMyHealthQuotes.com/BuyMNHealthInsurance.com, or your breach of this Agreement.

8. LIMITATION OF LIABILITY.  IN NO EVENT WILL BMHI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ARISING OUT OF THE USE OF OR INABILITY TO USE GETMYHEALTHQUOTES.COM/BUYMNHEALTHINSURANCE.COM, LOSS OF DATA OR LOSS OF PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF BMHI OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   NO ACTION ARISING OUT OF OR UNDER THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO LIABILITY.

9. TERM AND TERMINATION.

(a) Term.  This Agreement will remain in full force and effect while you use GetMyHealthQuotes.com/BuyMNHealthInsurance.com, and will continue in force thereafter unless terminated in accordance with the provisions hereof.

(b) Termination by You.  Your only remedy with respect to any dissatisfaction with GetMyHealthQuotes.com/BuyMNHealthInsurance.com, this Agreement, any policy or practice of BMHI, or any content or information stored or transmitted through GetMyHealthQuotes.com/BuyMNHealthInsurance.com is to terminate your  use of this website.

(c) Termination by BMHI.  BMHI may terminate this Agreement, in its sole discretion, for any or no reason, at any time and without penalty by sending notice to the e-mail address you provide in your registration for GetMyHealthQuotes.com/BuyMNHealthInsurance.com, or such other address provided to BMHI.  BMHI is not required to provide notice prior to terminating your account.

(d) Effect of Termination.  All terms that by their nature survive termination of this Agreement shall be deemed to survive such termination, including provisions related to proprietary rights, indemnification and limitations of liability.

10. THIRD-PARTY LINKS.  BMHI may provide, or third parties may provide, links to other external websites or resources (“Linked Sites”).  Because BMHI has no control over Linked Sites, BMHI is not responsible for the availability, content of functionality of such Linked Sites, including webcasting or any other form of transmission received from any Linked Site.  BMHI does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such Linked Sites.  BMHI provides these Linked Sites to you only as a convenience, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, products or services available on or through any Linked Site.

11. ACCURACY.  BMHI does not represent or endorse the accuracy, completeness or reliability of any advice, opinion, statement or other information displayed or distributed through GetMyHealthQuotes.com/BuyMNHealthInsurance.com.  You acknowledge that any reliance upon any such opinion, advice, statement, article or other information shall be at your sole discretion and risk.  BMHI reserves the right, in its sole discretion, to correct any suspected errors or omissions in any portion of GetMyHealthQuotes.com/BuyMNHealthInsurance.com without notice or liability to Users.

12. FORCE MAJEURE.  You understand and agree that the operation and availability of the systems used for accessing and interacting with GetMyHealthQuotes.com/BuyMNHealthInsurance.com, including public telephone, computer networks and the Internet or to transmit information, whether or not supplied by you or BMHI, can be unpredictable and may, from time to time, interfere or prevent access to and/or use of GetMyHealthQuotes.com/BuyMNHealthInsurance.com.  BMHI will not be liable to you for failure to perform an obligation under this Agreement, if said failure to perform is caused by circumstances beyond BMHI’s commercial control, including telecommunication or network failures, strikes and labor problems, floods, fires, explosions, transportation or shipping problems, civil unrest, acts of third parties, acts of God, embargoes, government actions, natural disasters, wars and other events beyond the reasonable commercial control of BMHI.

13. GENERAL PROVISIONS.  By accessing GetMyHealthQuotes.com/BuyMNHealthInsurance.com, you consent to have this Agreement provided to you in electronic form.  Nothing in this Agreement is intended to, or shall, create any third-party beneficiaries, whether intended or incidental.  Article and Section headings are provided for convenience only and are not to be used to construe or interpret this Agreement.  Whenever the words “include” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation.”  This Agreement will inure to the benefit of BMHI’s successors, assigns and licensees.  The provisions of this Agreement are severable.  If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will in no way be affected or impaired thereby.  Further, in the event that any provision is held to be overbroad as written, such provision shall be deemed amended to narrow its application to the extent necessary to make the provision enforceable according to applicable law and shall be enforced as amended.  This Agreement shall be subject to and governed by the laws of the State of Minnesota, without regard to its conflicts of law principles.  Any legal proceeding shall be commenced only in the courts located in the State of Minnesota, and both parties consent to the personal jurisdiction of Minnesota courts and agree that such jurisdiction shall be exclusive.  BMHI reserves the right, in its sole discretion, to change, modify, add or remove any portion of the terms of this Agreement.  Notification of changes to such terms may or may not be posted on GetMyHealthQuotes.com/BuyMNHealthInsurance.com.  The failure of BMHI to insist upon the strict performance of any of the provisions of this Agreement or the failure of BMHI to exercise any right or remedy hereby reserved shall not be construed as a waiver of any such provisions, rights or remedies, or as a waiver of any subsequent breach thereof.  BMHI shall be entitled to reasonable attorneys’ fees and all costs of proceedings incurred in enforcing this Agreement.  This Agreement constitutes the exclusive and entire agreement between the Parties with respect to its subject matter and as of its date supersedes all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral, relating to its subject matter.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WHEN SUBMITTING A QUOTE REQUEST.

Last updated September 2011