It is important that you carefully read these terms of use for the website.
Thank you for visiting www.insightchoices.com (the “Site”). Insight Choices and its related organizations (collectively “the Companies”, “we”, “our” or “us”) provide this Site for your personal use conditioned on your acceptance of these Website Terms of Use. You accept these website terms of use by visiting and using this site. Please exit this website if you disagree with these terms of use.
The remedies that may be available to you in the event of a dispute are limited by these terms of use, which include a class action waiver and require binding arbitration on an individual basis to resolve disputes instead of a jury trial.
We retain the right, in our sole discretion, to modify these website terms of use at any time. In the event that we do, we will notify you by other communications or by publishing the updated Website Terms of Use on the Site. You acknowledge that you will be bound by any changes if you keep using this site after they are posted. Since the features of our site are constantly changing, we reserve the right to alter or stop all or any portion of it at any moment and without prior warning.
Please go over our Privacy Policy as well, as it includes crucial details about how we gather, use, disclose, and safeguard the information you give us through the Site. Acceptance of our Privacy Policy, which is referenced above as if it were fully stated, is a condition of accepting our website terms of use. The terms of service that might be applicable if you want to use the Insight Choices service (the “Service”) are outlined in the Terms of Service.
There may be different terms or other disclaimers on pages, apps, or programs in different parts of our site. In the event that these Website Terms of Use and the terms or disclaimer posted for a particular area of this Site conflict, the terms or disclaimer posted for that area of this Site will take precedence over these Website Terms of Use to the extent that they supplement or conflict with them. The Privacy Policy shall take precedence over the Website Terms of Use with regard to the topics covered by it in the event of a conflict. Should the Terms of Service and the Website Terms of Use conflict, the Terms of Service will take precedence over the conflicting term. These website terms of use are only valid in English.
A MEDICAL WARNING
In order to provide basic information about health care, the companies produced this website, which should never be interpreted as giving specific instructions to individual patients. Nothing on this website is meant to replace appropriate medical diagnosis, care, or advice. This website should not be construed as offering medical, nursing, or professional health care advice or services, or as engaging in the practice of any of these professions in any country.
Permitted Use of This Website
You may only use this site for personal, non-commercial purposes and only if you are at least eighteen years old.
The Companies grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, and print the Content (described below) in connection with your permitted use of the Site and only for your personal, non-commercial use, provided that you abide by these Website Terms of Use.
You must abide by all applicable laws when using this site. You understand that neither this site nor any of its contents provide you any ownership rights.
Limitations on Using and Accessing This Website
Unauthorized access, or hacking, is not permitted on this website. It is forbidden to utilize deep links, page scraping, web crawlers, web robots, bots, worms, or other similar tools, programs, algorithms, or techniques in relation to this website.
All rights to this website and its contents that are not granted to you are reserved by us. Without restricting the aforementioned, you are not allowed to: alter, mirror, frame, publish, reproduce, duplicate, translate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works, or otherwise exploit this site or its content (in whole or in part) for any reason. You are not granted permission to use any of the logos, trademarks, service marks, or other indications of origin that are shown on this website as a result of using it; utilize the Site or Content (including User Submissions as described here), or any part of it, for profit or for any other commercial purpose; access, alter, or make use of the Site’s private sections, the computer systems of the Companies, or the technical delivery systems of the Companies’ suppliers; interfere with, or attempt to interfere with, any user, host, or network’s ability to access the site, including, but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing; and make an effort to reverse engineer, decompile, decrypt, or disassemble any of the software that provides the Site or Content.
A violation of these terms of use and a potential violation of copyright, trademark, and other laws may result from any use of this site or its content, whether in whole or in part, that is not specifically allowed under these terms.
Trademarks, Copyrights, and Other Private Rights
You are aware that all ownership rights to this site, including all content, are retained by Insight Choices and its licensors. Insight Choices or the appropriate owners are the owners of all trademarks, service marks, and trade names.
The copyright laws of the United States (“US”), international treaties, and other intellectual property laws protect all of the content on this site, including but not limited to text, design, software, photography, video, graphics, sound, and information (collectively, the “Content”), as well as the selection, coordination, arrangement, and enhancement of all Content.
Patents, technology, goods, and other property rights owned by Insight Choices, its third-party vendors, and other third parties may be mentioned or contained on this website. This website should not be interpreted as granting any license or right under any trademarks, copyrights, patents, technology, goods, or other property rights of Insight Choices, its third-party vendors, or other third parties by implication, estoppel, or any other means.
Contributions from Users
Please be aware that any material, information, ideas, concepts, know-how, techniques, or other communication you send to us via any method (apart from personal health information you submit to us, which is subject to the Terms of Service) will be considered non-proprietary and non-confidential, unless otherwise specified in our Privacy Policy or otherwise covered under the Terms of Service. Regarding User Submissions, we will not be bound by any responsibilities. You give us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, disclose, distribute, incorporate, modify, publicly display, publicly perform, and create derivative works based on your User Submissions and all data, images, sounds, text, and other things embodied therein only in connection with running and offering the Site to you. This license is granted by making any User Submissions available through the Site.
All User Submissions are entirely your responsibility. In accordance with these Website Terms of Use, you guarantee and represent that you are the owner of all of your User Submissions or that you possess all the rights required to grant us the license rights in your User Submissions. Additionally, you guarantee that none of your User Submissions, your use of them, or their provision for use through the Site or any use of them by us on or through the Site will violate any applicable laws or regulations or infringe upon, misappropriate, or violate the intellectual property rights, publicity rights, or privacy rights of third parties.
Policy on Copyright
The businesses expect their users to abide by copyright laws. Users who regularly violate or are suspected of repeatedly violating the rights of copyright holders may be terminated by the companies under suitable circumstances. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site, the App or the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: your full name, an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site, the App or the Service, including at a minimum, if applicable, the URL of the link shown on the Site, the App or the Service where such material may be found; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use); and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf or the owner of an exclusive right under the copyright that is allegedly infringed. To receive notification of copyright infringement allegations, contact the Companies’ Copyright Agent at Copyright Agent, Insight Choices, 4221 Wilshire Blvd., Suite 394, Los Angeles, CA 90010.
Remarks
We value your opinions, remarks, and recommendations for enhancements to the website (“Feedback”). You can send us an email at help@insightchoices.com to provide feedback. In accordance with all intellectual property rights that you own or control, you give us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, copy, alter, produce derivative works based on, and otherwise exploit the Feedback for any reason.
Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND CONTENT (INCLUDING USER SUBMISSIONS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANIES AND APPLICABLE LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, AND USAGE OF TRADE. THE USE OF THIS SITE IS AT YOUR OWN RISK. Additionally, THE COMPANIES AND APPLICABLE LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. Access to any material obtained through this website is at your own discretion and risk. You are solely responsible for any damage to your computer system or data loss that may result from such material. WE DO NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
Your information is kept in a database run by Insight Choices in the United States, and the companies operate this site from offices located in the United States. The companies do not guarantee that this site is suitable for use outside of the United States. It is forbidden to access or use this site in any way where the content is unlawful. Those who decide to use this site from outside the United States do so voluntarily, at their own risk, and in accordance with all applicable laws.
Exclusive Solution
Your only and only option is to leave this site if you’re unhappy with it, including but not limited to our terms of use.
LIABILITY LIMITATIONS:
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Neither the companies nor the applicable licensees shall be liable for any damages of any kind resulting from your use of, or inability to use, this site, its content, or any site or content linked from this site, including but not limited to direct, indirect, incidental, punitive, special, exceptional, or consequential damages, including but not limited to any lost profits, business interruption, lost savings, or loss of programs or other data, even if we were expressly warned of the possibility of such damages. Regardless of whether the action is based on a contract, warranty, tort, or another legal theory, this limitation of liability is applicable to all causes of action. If applicable, you might have additional rights under the terms of service. The aforementioned exclusion might not apply to you because certain jurisdictions forbid the exclusion or limitation of liability for incidental or consequential damages.
Compensation
By using the Site in violation of these Website Terms of Use, or by breaching these Terms of Use, you agree to defend, indemnify, and hold the Companies, their subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, demands, costs, or expenses, including reasonable attorney’s fees, made by any third party.
Resolution of Conflicts
The governing law
The laws of the State of California, notwithstanding its conflict of laws rules, shall govern these Terms and any action relating thereto.
Consent to Arbitrate
Each party retains the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), a “IP Protection Action”). You and the Companies agree that any dispute, claim, or controversy arising out of or relating to these Website Terms of Use, their breach, termination, enforcement, interpretation, or validity, or the use of the Service (collectively, the “Disputes”) will be settled through binding arbitration. If, within thirty (30) days of the date you initially accept these Website Terms of Use, you give the Companies written notice of your intention to do so by email or regular mail at help@insightchoices.com or Insight Choices, 4221 Wilshire Blvd., Suite 394, Los Angeles, CA 90010, you will also have the right to litigate any other Dispute (such notice, a “Arbitration Opt-out Notice”). Except as specifically stated in clauses (i) and (ii) above, you shall be considered to have knowingly and intentionally renounced your right to litigate any dispute if you fail to give the Companies an Arbitration Opt-out Notice within the allotted thirty (30) days. Each party hereto agrees to waive any objections to jurisdiction and venue in the state and federal courts located in the Northern District of California, which will be the exclusive jurisdiction and venue of any IP Protection Action or, if you promptly give the Companies an Arbitration Opt-out Notice, the courts in question. You understand and agree that you and the Companies are each giving up the right to a jury trial or the right to be a plaintiff or class member in any alleged class action or representative proceeding unless you promptly give the Companies an Arbitration Opt-out Notice. Furthermore, the arbitrator cannot combine more than one person’s claims or preside over any kind of class or representative proceeding unless both you and the Companies agree otherwise in writing. The entire “Dispute Resolution” section will be declared null and void if this particular paragraph is found to be unenforceable. This “Dispute Resolution” section will endure any termination of these Website Terms of Use, with the exception of what is stated in the line above.
Rules for Arbitration
Except as amended by this “Dispute Resolution” section, the American Arbitration Association (“AAA”) will conduct the arbitration in line with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) that were in force at the time. (The AAA Rules can be accessed at www.adr.org/arb_med or by contacting the AAA at 1-800-778-7879.) This Section shall be interpreted and enforced in accordance with the Federal Arbitration Act.
The Arbitration Procedure
According to the AAA Rules, a party wishing to start arbitration must give the other party a written Demand for Arbitration. A generic form for a demand for arbitration and a specific form for California residents are both offered by AAA. The parties will choose the arbitrator from the AAA’s list of arbitrators, who will either be a retired judge or a lawyer with a valid law license. The AAA will select the arbitrator in line with the AAA Rules if the parties cannot agree on an arbitrator within seven (7) days of receiving the Demand for Arbitration.
Location and Process of the Arbitration
The arbitration shall take place in the county in which you live, unless you and the Companies agree otherwise. Unless you ask for a hearing or the arbitrator decides that one is required, the arbitration will be based only on the papers that you and the Companies provide to the arbitrator if your claim is less than $10,000. The AAA Rules will establish your access to a hearing if your claim exceeds $10,000. In accordance with the hurried nature of the arbitration, the arbitrator will have the authority to guide a reasonable information exchange between the parties, subject to the AAA Rules.
The arbitrator’s ruling
Within the time range given in the AAA Rules, the arbitrator will make an award. The key conclusions and findings that the arbitrator used to base the award will be included in the decision. Any court with jurisdiction over the arbitration award may enter a judgment. The types and quantities of damages for which a party may be held accountable are specified in the “Limitation of Liability” section above, and the arbitrator’s judgment of damages must be in accordance with those provisions. Only in favor of the claimant and to the extent required to give relief supported by the claimant’s particular claim may the arbitrator grant declaratory or injunctive relief. To the extent permitted by applicable law, you will be entitled to an award of legal fees and costs if you win the arbitration. If the company wins in arbitration, it will not pursue and hereby forfeits any legal rights it may have to recover legal fees and costs.
Charges
Only the amounts specified in the AAA Rules shall be your responsibility to pay any filing, administrative, or arbitrator fees. Except in cases where the arbitrator determines that the relief sought in your Demand for Arbitration or the substance of your claim was frivolous or brought for an improper purpose (as determined by the standards set forth in Federal Rule of Civil Procedure 11(b)), the Companies will cover all such fees if your claim for damages does not exceed $75,000.
Modifications
Regardless of whether these Website Terms of Use state otherwise, you have 30 days from the date the change became effective—which is indicated by the “Last Updated” date above or the date the Companies emailed you to notify you of the change—to reject any changes made by the Companies to this “Dispute Resolution” section. This includes rejecting any changes made after the date you first accepted these Website Terms of Use (or accepted any subsequent changes to these Website Terms of Use). If you reject any change, you acknowledge that, as of the date you initially accepted these website terms of use (or accepted any subsequent changes to these terms of use), you will arbitrate any dispute between you and the companies in line with the terms of this “Dispute Resolution” section.
Links to or from websites owned by other parties
This website may include connections to other websites on the Internet that are owned and run by third parties (each a “Linked Site”) in an effort to give our site visitors more value. These links are only offered for your convenience as references to potentially helpful information. The content, advertisements, goods, services, and other items that are made accessible on or through any linked site, as well as how you use them, are not our responsibility. It is your responsibility to read linked sites’ terms of use to make sure you are in accordance with them. Any loss or harm resulting from or allegedly resulting from a linked site is not the responsibility or liability of the Companies, either directly or indirectly.
The information, security procedures, and privacy policies of websites run by third parties that may be linked to or from this site are not within our control, nor do we support them. The content on this site may not be framed or otherwise included by any website that links to it.
Termination
At our sole discretion, we have the right to stop your use of the Site at any time and without giving you any prior notice.
Both Severability and Waiver
No right or provision of these Website Terms of Use shall be deemed waived by the Companies’ omission to assert or enforce such right or provision. Any provision of these website terms of use that is deemed invalid or unenforceable by a court of competent jurisdiction or an arbitrator will be enforced to the greatest extent possible, and the remaining provisions will remain fully enforceable.
Task
By force of law or otherwise, you are not permitted to assign or transfer these website terms of use without the prior written agreement of the companies. Without such consent, any attempt on your part to transfer or assign these website terms of use would be void. These website terms of use may be freely assigned or transferred by the companies without any limitations. The parties, their successors, and authorized assignee will all benefit from these Website Terms of Use, subject to the aforementioned.
Infractions
Kindly notify help@insightchoices.com of any infractions of these website terms of use.