Terms and Conditions – Equalizer ProServices

TERMS AND CONDITIONS OF USE

Effective June 30, 2018

This website (the “Site”) is designed to provide general information about the PlanSurity family of companies, including PlanSurity Dental Designs, LLC and PlanSurity Directories, LLC (collectively, “PlanSurity”) and their respective products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service to the general public or as a promise regarding the results of the acquisition of any particular product or service. Some products and/or services may not be available in all states or countries and, in certain circumstances, may be offered only to certain classes of consumers, such as employers, or through affiliates of PlanSurity or third parties, or subject to compliance with legal requirements and internal policies not specifically described in this Site. Access to information in the Site in and use of certain services may be further restricted to certain types of users and made subject to additional requirements and policies of PlanSurity in its sole discretion, including registration and the payment of fees.
All material contained in the Site is protected by law, including but not limited to, United States copyright law. Except as indicated, PlanSurity is the owner of the copyright in the entire content (including images, text and look and feel attributes) of plansurity.com and reserves all rights in that regard. Removing or altering the copyright notice on any material on the Site is prohibited. PlanSurity also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site content. Any commercial use of the Site or the material contained in this Site is prohibited without the prior written consent of PlanSurity. Except as indicated, PlanSurity owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law.
The Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that the Site may be interrupted, suspended and terminated from time to time. While we endeavor to keep the materials on the Site up to date, PlanSurity cannot assume responsibility for any errors or omissions in these materials. PlanSurity further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Site. PlanSurity may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. PlanSurity reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.
PlanSurity is not an insurance company nor does it offer insurance or dental discount products. While it facilitates transactions by market participants through technological tools, it does not an agent, marketer or broker for another in respect of any particular product, service or person nor does it provide advice or recommendations to the general public on dental practices, procedures or items. No dentist-patient or other relationship is established between PlanSurity and you by reason of your use of the Site or under any circumstances whatsoever. Nothing contained, expressed or implied in the Site is intended as nor shall be construed in a contrary manner. Individual inquiries about medical issues, or sensitive or confidential matters, or about insurance matters should be addressed to appropriate professionals. By using this Site you are deemed to be acknowledging the foregoing.
Use of PlanSurity’s products and services is not suitable for and may not be available to every person. At present and until contrary notice is given, PlanSurity does not offer products or services and use of this Site is not suitable for users where such user expects payment for dental services or items will be underwritten in full or in part by reimbursement sources comprising federal health care programs (as defined in 42 U.S.C. §1320a-7b(f)).
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER PLANSURITY NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLANSURITY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF PLANSURITY OR ITS AFFILIATES TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE, IF ANY.
You agree to defend, indemnify, and hold harmless PlanSurity and its affiliates and all of their respective directors, managers, members, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.
PLEASE READ THIS SECTION CAREFULLY – IT MAY AFFECT YOUR LEGAL RIGHTS. PlanSurity and you agree PlanSurity will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms and Conditions in connection with the Site or the materials herein will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. PlanSurity and you further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms and Conditions or in connection with the Site. The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of PlanSurity to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
The Site may, from time to time, contain links to other internet websites for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which PlanSurity exercises no control, and PlanSurity expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the exclusive jurisdiction of the U.S. federal courts located in Chicago, Illinois, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The Site is controlled and operated by PlanSurity from its offices within the United States. PlanSurity makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
These Terms and Conditions constitute the entire agreement between you and PlanSurity with respect to your use of the Site. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, PlanSurity has relied on your agreement to be legally bound by these Terms and Conditions.
These Terms and Conditions incorporate by reference our Privacy Policy as in effect from time to time and disputes arising thereunder. Click on here for more information about our Privacy Policy.
These Terms and Conditions are without prejudice to the terms and conditions of any other agreements entered by you from time to time with PlanSurity or its affiliates. Access and use of certain sections of this Site may be made subject, from time to time, to acceptance of additional terms and conditions specific to access or use by users.