Welcome to the Premier Health web site (the “Site”). This Site is operated by Colonial Insurance Group (“Colonial” or “we” or “us”), and hosted by a third party vendor using the health.cgigroup.com internet domain.
Your use of the Site or email messages to us are electronic communications with Colonial. We may also communicate with you using electronic communications, including by postings on this Site and by email. You agree that all agreements, notices, and other communications that we make with you by such electronic communications satisfy any legal requirement that such communications be in writing.
The contents of the Site, including written materials, third party information, software, source and/or object code, data, images, video, music, sounds, trademarks (collectively “Content”) are protected by copyright and applicable copyright law. Similarly, the trademarks used on this Site are protected by applicable trademark law. All Content and all trademarks found on the Site are owned by Colonial and its licensors. Unauthorized use of the Content or any of the trademarks found on this Site may violate copyright, trademark, and other laws. Colonial authorizes you to view and download material on the Site solely for your own, non-commercial use. You must keep all copyright, trademark and other proprietary notices on any copies you make.
USE OF CONTENT
You may use Content offered for downloading (if any) for personal use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining software, robots, spiders, web-crawlers, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not sell or modify the material or otherwise use it for any public or commercial purpose. You may not sell, modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content without Colonial's prior written permission.
DISCLAIMER AS TO CONTENT
The Site may contain inaccuracies or typographical errors. Colonial makes no representations about, does not guarantee and assumes no responsibility for the accuracy, reliability, completeness, or timeliness of the Content. Any conclusions that you draw from the information presented here is your own and is not to be attributed to Colonial. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
USE OF THE SITE
Your use of this Site and the Content is at your own risk.
You may use the Site for lawful purposes only. You may not submit or transmit through the Site any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, the patent, trademark, trade secret, copyright, publicity/privacy or other proprietary rights of any third party;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts, of sexual acts or is obscene/pornographic;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including Colonial and its employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms or any other guidelines or policies posted on the Site;
- could damage, disable, overburden, or impair Colonial's servers or networks or the servers or networks of the vendor hosting the Site, or interfere with the operation, or any other party's use and enjoyment, of the Site.
You may not attempt to gain unauthorized access to the Site or any services, user accounts, computer systems or networks, through hacking, password mining or any other unauthorized means and you may not reverse engineer, decompile or disassemble the Site or any Content.
You may not use the Site or any communication tools made available to you through the Site to transmit, directly or indirectly, any unsolicited bulk communications (including email messages and instant messages). You may not harvest information about this Site's users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.
YOUR USER ACCOUNT
In the event that you create an account or profile and are provided with user identification names, numbers or codes and/or passwords (“User Credentials”) in connection with your use of this Site, you agree to keep your User Credentials strictly confidential and not share them with anyone else. You are responsible for any misuse of the Site or any Content by anyone using your User Credentials. Accordingly, you should take affirmative precautions to ensure safeguard your User Credentials so that no one else uses or gains access to your User Credentials. You agree that it is your responsibility to notify Colonial if your User Credentials need to be changed. Colonial reserves the right to terminate your access to, and use of, the Site immediately and take any other appropriate legal action if you, or anyone using your User Credentials, violates these Terms.
You agree to provide true, accurate, current and complete information about yourself. Colonial has the right to revoke your User Credentials and/or suspend or terminate your access to and use of the Site if you provide any information that is untrue, inaccurate, not current or incomplete (or which Colonial reasonably determines may be untrue, inaccurate, not current or incomplete).
DISCLAIMER OF WARRANTIES
THE CONTENT AVAILABLE ON THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COLONIAL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COLONIAL DOES NOT WARRANT THAT THE SITE OR ANY SITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE DISCOVERED AND/OR CORRECTED. COLONIAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST NECESSARY FOR YOU TO ACCESS AND USE THE SITE.
LIMITATION OF COLONIAL'S LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COLONIAL, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR THE SITE OR ANY DELAYS, ERRORS, MALFUNCTIONS, COMPATIBILITY PROBLEMS OR BREAKDOWNS WITH RESPECT TO THE SITE, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COLONIAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COLONIAL IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT AVAILABLE ON THE SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to defend, indemnify, and hold harmless Colonial, its owners, principals, affiliates, subsidiaries licensors and licensees and their directors, officers, employees, contractors and representatives from any and all liabilities, claims, judgments and expenses, including attorney's and expert's fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third party right, including without limitation any third party's patent, trademark, trade secret, copyright, publicity/privacy or other proprietary rights of any third party; and/or (iv) any use or misuse of your User Credentials. Colonial will give you notice in the event of an indemnifiable event. Colonial reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Colonial in asserting any available defenses.
Colonial may terminate or limit your access or usage of the Website at any time without notice. In the event of termination, you agree that you are no longer authorized to use or access the Site. Termination of your account may include (1) removal of access to all Colonial services on the Site, (2) deletion of your password, related information, files and content associated with your account, and (3) prohibiting further use of the Site. You agree that Colonial has sole discretion to terminate your access to the Site and account for cause, and that Colonial shall not be liable to you or any third party for any termination of your account or access to the Site.
You further acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification and defense obligations, shall survive the termination of these Terms.
These Terms are effective as of November 1, 2009. Colonial reserves the right to modify these Terms from time to time without notice, which modified Terms shall be effective immediately upon posting of such Terms. Your continued use of any Site following the posting of any revised Terms shall be deemed to conclusively indicate your acceptance of such revised Terms. Accordingly, you should periodically re-review these Terms.
You hereby agree that these Terms and your use of the Site shall be governed in all respects by the substantive laws of Barbados, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the courts located in Barbados for all disputes, cases and controversies regarding this Site, your use of this Site, and your relationship with Colonial.
YOU AND COLONIAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Colonial with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Colonial with respect to subject-matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You affirm that you are either 18 or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms. In any case, you affirm that you are at least 13 years old, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Colonial's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.