Terms of Service
Effective Date: April 1, 2021
1. Consent to Terms of Service
This Website is owned and operated by Population Health, Inc., sometimes referred to as Healthcare Select, or one of its affiliates or subsidiaries (collectively “Population Health,” “we,” “us” or “our”). These Terms of Service apply to our websites healthcareselect.com, and any other site that posts a link to this page (collectively, the “Site”). By accessing our Site, you consent to these Terms of Service (“Terms”) and our collection, use and sharing of your information as described in our Privacy Policy, or any other terms linked to these Terms.. If you do not agree to these Terms or our Privacy Policy, please exit our Site. If you have any questions regarding our Terms or your use of our Site, please contact us by email at [email protected], or by mail to: 6800 W. 115th Street , Suite 2511, Overland Park, KS 66211.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE.
2. Ownership of Site Content
Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio, along with the layout and design of the Site and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, Population Health. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without an express written license with the applicable Site Content owner.
3. Use of Site Content
You are hereby granted a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only.
4. Reservation of Rights
All rights not expressly granted by Population Health herein are reserved. Nothing on the Site or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that Population Health has the authority to grant any license on behalf of any third party.
5. Population Health Trademarks
Population Health trademarks, including the trademarks “Population Health,” the Population Health logo, all page headers, graphics, images, symbols, trade names and other Healthcare Select or Population Health marks found at the Site are the proprietary property of Population Health (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of Population Health.
6. Third Party Trademarks
The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that Population Health has authority to grant any right or license on behalf of any third-party trademark owner.
7. Restrictions, Limitations and Conditions of Use
Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to this Site are given on the condition that you use the Site in accordance with these Terms. You may not use the Site for any unlawful purpose and you may not participate in any of the following:
access, solicit, collect or use any personally identifying information about any other users of the Site or anyone else;
restrict or inhibit others from using the Site;
transmit to or introduce at the Site any viruses, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site or Site Content;
submit, upload, email or otherwise transmit any content or other materials, to or through the Site which (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;
engage in any activities that interfere with another user’s access to the Site or the proper operation of the Site; or
distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.
Population Health has no obligation to monitor your interaction with the Site, but reserves the right to review or monitor the Site and any user submissions in its sole discretion.
8. Links to Other Sites
In using the Site, you may find that Population Health provides hyperlinks to one or more third-party websites (the “Linked Sites”). Population Health provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and similar privacy policies of the respective Linked Sites, should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices by Population Health.
9. Disclaimer, Limitation of Liability, and Indemnification
The materials, Site Content and services offered on the Site are provided “AS IS” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. We do not warrant that the use of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that the Site, server(s), or advertised or Linked Sites will be accessible at all times. We do not warrant or make any representations regarding the use of the Site or any information contained therein, including Site Content, with respect to correctness, accuracy, availability, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access the Site. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you.
Documents, information, product descriptions, graphics and other materials appearing on the Site may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, product descriptions, graphics or other materials is at your own risk.
You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the “Population Health Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to the maximum extent permitted by applicable law. None of the Population Health Parties will be liable to you under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You hereby agree to indemnify the Population Health Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from your use of the Site or any breach of these Terms by you.
10. Ability to Accept Terms
You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site.
11. Data Processed in the United States
Population Health processes data in the United States, and we make no representation that this Site is appropriate or available for use beyond the United States. If you use this Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. This Site may describe programs and services that are available only in the United States (or only parts of it). We reserve the right to limit the availability of this Site and/or the provision of any content, programs, service, or other feature described or available on this Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, service, or other feature that we provide.
If you are in a jurisdiction outside the United States and nevertheless continue to use the Site, your personal information may be transferred into and processed within the United States, and your continued use of the Site constitutes consent to such transfer and processing. Please review our Privacy Policy for additional information on how we process and protect your data.
12. Choice of Law and Forum
These Terms will be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflicts of law. All disputes arising under, or in any way connected with use of this Site, shall be litigated exclusively in the state and federal courts residing in the State of Kansas, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Overland Park, Kansas.
13. Severability and Enforceability
If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.
14. Termination/Exclusion
We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Site for any reason or for no reason whatsoever including improper use of the Site or failure to comply with these Terms, and to take any other action we deem appropriate.
15. User Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Population Health through the Site are not confidential and you grant us a worldwide, perpetual, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Population Health shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
16. Changes to Terms
We may revise these Terms at any time, with or without notice, by updating this page, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Site following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Site, including your access to it. Unless explicitly stated, any new features will be subject to these Terms.
17. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. However, we may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.
18. Entire Agreement
These Terms, together with the Privacy Policy and any other documents or policies referenced herein, constitute the entire agreement between you and Population Health regarding the use of the Site and the content and services provided on this Site, superseding any prior agreements between you and Population Health relating to the subject matter hereof.
19. Contact Us
If you have any questions regarding these Terms or your use of our Site, please contact us at by email at [email protected], or by using the mailing information below:
Population Health
6800 W. 115th Street, Suite 2511
Overland Park, KS 66211
20. Do Not Call Request
You have certain choices about how we use your information. You can opt out of receiving telephone calls from us. To do so, please email us at [email protected] and we will honor your request in accordance with applicable law. If you submit a new insurance quote request form and/or provide other consent to receive telephone calls from SelectQuote after previously opting out, we may call you again.
20. Arbitration Agreement and Dispute Resolution
Please read this Arbitration Agreement carefully. It is part of your contract with Population Health formed by these Terms of Service and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of this Web Site will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Population Health may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement.
Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Population Health, Inc, 6800 W. 115th Street, Suite 2511, Overland Park, KS 66211, Attention: Legal Department. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees paid by you for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Population Health will not seek attorneys’ fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, you and Population Health will select an alternative arbitral forum.
Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Population Health. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Service. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and Population Health.
Waiver of Jury Trial. YOU AND SELECTQUOTE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Population Health are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Service as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and Population Health over whether to vacate or enforce an arbitration award, you and Population Health hereby irrevocably waive all rights to a jury trial and elect instead to have a judge resolve the dispute.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Population Health is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 12 (Choice of Law and Forum) above.