The Picwell Plan Selection and Decision Support Service uses algorithms designed to create health and financial assumptions for future health and health care needs. Results of the Services are based on estimates, assumptions, and projections, including, but not limited to estimated annual future costs, health care needs and coverage assumptions. Due to uncertainties necessarily inherent in relying upon such estimates, assumptions and projections, your actual medical costs and coverage may vary, perhaps materially, from the estimates provided by the Services. Results generated by the Services are predictions for informational purposes only, are not guaranteed, and should not be relied upon in making any current or future decision.
1. Access and License
1.2 You agree that you will not or attempt to: (i) duplicate, copy, sell, resell, commercially exploit for any purpose, disrupt or interferer with any portion of, use of, or access to the Services; (ii) use the Services for any purpose other than your personal education; (iii) directly or indirectly provide access to the Service to any other person; or (iv) violate any applicable law or regulation.
1.3 You are responsible for your access and use of the Services. You will assure that your access and use of the Services and Your Data will comply at all times with all applicable law.
2. Intellectual Property Rights; Your Data; Copyright Infringement Notification Process
2.2 You, not Picwell, shall have sole responsibility of all Your Data, and Picwell shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any of Your Data. While using the Services, you agree that you will not upload, post, email, transmit, or otherwise make available any of Your Data that: (i) is unlawful or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property; (iii) seeks to harm or exploit minors in any way; (iv) violates, or encourages any conduct that violates, applicable law; or (v) infringes any third party's rights. Upon termination for breach, your right to access or use Your Data immediately ceases, and Picwell shall have no obligation to maintain or forward any of Your Data.
2.3 You understand that the technical processing and transmission of Your Data (including the possible transmission of Your Data outside its country of origin) may be necessary to your use of the Services and content offered on or through the Services, and consent to our interception and storage of Your Data. You understand that you or Picwell may be transmitting Your Data over the Internet, and over various networks, only part of which may be owned and operated by Picwell. You agree that Picwell is not responsible for any portions of Your Data that are lost, altered, intercepted, or stored without authorization during the transmission of Your Data across networks not owned and operated by Picwell.
2.4 Picwell abides by the Federal Digital Millennium Copyright Act (the "DMCA"). If you believe that any content included on the Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Picwell of any such infringement. Please also note that, under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. Your written notice should be sent to our designated agent as follows:
Attn: Legal Department
1900 Market Street, Suite 120, Philadelphia, PA 19103
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If Your Data has been taken down, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): (1) a physical or electronic signature of the subscriber; (2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) the subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. Terms and Termination
4. Disclaimer of Warranties/Limitation of Liability
4.1 THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AS SUCH, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PICWELL AND ITS SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE "PICWELL PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PICWELL PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR SERVERS THAT MAKE THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL MEET YOUR APPLICABLE REQUIREMENTS.
4.2 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT OR DATA THROUGH THE SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE PICWELL PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION OR MIS-DELIVERY OF, OR FAILURE TO STORE, ANY CONTENT, DATA, OR PERSONALIZATION SETTINGS.
4.3 YOU UNDERSTAND AND AGREE THAT THE PICWELL PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF A PICWELL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL PICWELL'S TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT PAID BY (AND NOT OTHERWISE REFUNDED TO) YOU TO PICWELL FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES.
5. Indemnification and Release
5.2 Other than as set forth herein, Picwell is not directly involved in the actual transaction between you and your health and wellness benefits provider (the "Provider") using the Services. As we are not involved in the actual direct transaction between you and the Provider, in the event that you have a dispute with the Provider, you release the Picwell Parties from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive any and all rights and benefits conferred by the provisions of Section 1542 of the Civil Code of the State of California, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
No Waiver Severability
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between you and us.