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Terms and Conditions of Use
Last revised: October 8, 2015
Referred to collectively as our website (the "Site"), the DC Health Benefit Exchange Authority ("HBX") operates and/or maintains various websites including, but not limited to, www.dchealthlink.com and www.hbx.dc.gov. This document describes the Terms and Conditions of Use (also referred to as "Agreement") that govern your use of the Site. Please review it carefully. Your access to and use of our Site is subject to the following Terms and Conditions of Use without limitation or qualification, as well as all applicable laws. Your access to the Site is in consideration for your agreement to these Terms and Conditions of Use, whether or not you are a registered user. By accessing, browsing, and using the Site, you accept, without limitation or qualification, these Terms and Conditions of Use and you warrant that you have the legal capacity to enter into the agreement stated herein. HBX reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice. If you do not agree to be bound by this agreement, please exit the site now and refrain from using any material that you may have downloaded from the site.
- Modification of the Agreement
- Permitted Users
- Collection and Protection of Your PII
- Collection and Use of Non-PII
- Secure Transmissions
- Termination of Use
- Other Site Links
- Policy on Spamming
- Content Monitoring
- Property Rights
- Certain Data
- Disclaimer of Warranty
- Limitation of Liability
- Governing Law
Modification of the Agreement
HBX maintains the right, at any time and without notice, to modify these Terms and Conditions of Use and may do so by updating this posting or webpage. Any modification is effective immediately upon posting, unless otherwise stated. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms and Conditions of Use. Thus, your continued use of the Site following the posting of any modification signifies your acceptance of such modification. You should periodically visit this page to review the current Terms and Conditions of Use. If you do not agree to be bound by the modifed Terms and Conditions of Use, you should discontinue use of the Site immediately. You can determine when the Terms and Conditions of Use were last revised by referring to the "Last Revised" legend at the top of this page.
You agree to access and use the Site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Site. By accessing the Site, you agree that you will not:
- Use the Site to commit a criminal offense or to encourage others to engage in any conduct that would constitute a criminal offense , engage in conduct that gives rise to civil liability, or give rise to civil liability;
- Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;
- Use the Site to impersonate other parties or entities;
- Use the Site to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the Site or the hardware or software of any other person who accesses the Site;
- Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under applicable law or under a contractual relationship;
- Alter, damage, or delete any content posted on the site;
- Disrupt the normal flow of communication in any way;
- Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent;
- Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
- Post any material that infringes upon or violates the intellectual property rights of another;
- Unlawfully collect, transmit, or store personal information about others; or
- Access the Site via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the content or any other materials or information available from the Site; or
- Access, or attempt to access, this website by any means other than through the interface that is provided by HBX, unless you have been specifically allowed to do so in a separate, written agreement with HBX; or
- Use for commercial purposes or resell any of the data derived from this website unless you have been specifically allowed to do so in a separate, written agreement with HBX.
The Site and HBX's services are not directed to persons under the age of 13, and we do not knowingly request personal information from anyone who is under the age of 13. You must be at least 13 years old to become a registered user or to request support or services online. Children under the age of 13 are not eligible to use services that require submission of personal information and should not submit any personal information to us. This includes submitting personal information to the website as part of a user profile or personalization profile. If you are a child under the age of 13, you can use these services only if used together with your parents or guardians. Seek guidance from your parents or guardians if you are under the age of 13. If you are not at least 13, you may be removed from the registered area(s) and/or denied support or services.
In order to visit certain areas of this Site, or to use certain services, you may be asked to provide personal information, such as your name, address, or age. If you decline to provide requested information, our ability to serve you may be limited. But you will still be able to visit the Site and take advantage of the wealth of information it offers.
Certain portions of the Site are limited to registered users and/or allow a user to request support or services online by entering personal information. To access some areas of the Site, You may have to apply for and be approved as a registered user ("Registered User") of the Site. Your approval as a Registered User is at the sole discretion of HBX. At the time you register for online account access, you may be required to create a username and password to be used in conjunction with your account ("Account"). You agree to keep your Account information and password confidential.
In connection with your application to become a Registered User, You will be asked to submit certain information about yourself ("Registration Information"). You agree that any information provided to HBX in these areas will be true, current, complete, and accurate, that you will not register under the name of, nor attempt to enter the Site under the name of, another person, and that you will not adopt a user name that HBX or the District, in their sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your User Account.
You are fully responsible for all uses of your password and all transactions or activities that are conducted with your account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify HBX of any actual or suspected unauthorized use of your password or Account or any other breach of security.
Collection and Protection of Your Personally Identifiable Information
We use the term "Personally Identifiable Information," or "PII," to mean any information that could reasonably be used to identify you, including your name, address, telephone number, e-mail address, Social Security number, birth date, bank account information, credit card information, or any combination of information that could be used to identify you.
You may provide us with Personally Identifiable Information in connection with your use of this Site, such as through e-mails that you send to us. Your Personally Identifiable Information collected via this Site will not be shared, sold, or transferred to any third party for the third party's direct marketing purposes without your prior consent, unless it is required by law. Your Personally Identifiable Information may otherwise be used by us as required or permitted by law (e.g., as necessary to carry out authorized functions of HBX).
Collection and Use of Non-Personally Identifiable Information
When you visit our Site, certain data, such as your computer's unique Internet protocol IP address (which does not identify you as an individual), will be automatically collected and sent to the servers that support our website system to help us provide better service and a more effective website. We use your IP address to assess the frequency of visits to this Site and the popularity of its various pages and functions. We also may collect information about the type of operating system you use (e.g., Microsoft Windows or Mac OS), the type of browser you use (e.g., Firefox or Internet Explorer), the domain name of the Internet service provider, your activities while visiting our Site, and the content you access. We will not attempt to match any Personally Identifiable Information that you provide to us with your IP address or the other information that does not identify you as an individual, unless there are reasonable grounds to believe that doing so would provide information that is relevant and material to exercising our legal rights or fulfilling our legal obligations.
In addition, as part of these efforts, sections of this Site may place a small text file (typically only a few bytes) on your hard drive to allow us to identify your computer. We will not attempt to read any additional information on your hard drive, and we do not combine collected information with other personal information to determine your identity or your e-mail address. Our Site uses temporary "session cookies" to allow visitors to interact with HBX and to use online applications. "Session cookies" do not allow us to personally identify a visitor. These cookies are stored only in memory and are deleted when the user's browser is shut down. This Site does not use permanent "cookies."
HBX has taken several steps to safeguard the integrity of Personally Identifiable Information that you provide us. This Site is equipped with security measures intended to protect such information. We encrypt data that must remain secure to meet legal requirements.
Termination of Use
HBX may, in its sole discretion, terminate or suspend your access to and use of this Site without notice and for any reason, including for violation of these Terms and Conditions of Use or for other conduct that HBX, in its sole discretion, believes is unlawful or harmful to others. In the event of termination, you will no longer be authorized to access the Site, and HBX will use any means possible to enforce this termination. HBX may also suspend your use of the Site or deactivate a User ID and direct you to cease using the Site with or without notice to you and with or without cause. Upon any termination of this agreement, all rights granted to you under this agreement will cease and you must promptly discontinue all access to any part of the Site and the use of any content downloaded or otherwise obtained from the Site.
Other Site Links
Some links on the Site lead to websites that are not operated by the Authority. HBX does not control these websites nor do we review or control their content. HBX provides these links to users for convenience. These links are not an endorsement of products, services, or information, and do not imply an association between HBX and/or the District, on the one hand, and the operators of the linked website, on the other. When you select a link to an outside website, you are subject to the terms and conditions of the owner/sponsors of that outside website. HBX welcomes links to our Site, provided that the link does not state or imply any sponsorship or endorsement of your site by the Authority.
Policy on Spamming
You specifically agree that you will not utilize e-mail addresses obtained by using the Site to transmit the same or substantially similar unsolicited message to 10 or more recipients in a single day, or 20 or more e-mails in a single week (consecutive 7-day period), unless doing so is necessary for legitimate business purposes. HBX, in its sole discretion, will determine violations of the limitations on e-mail usage set forth in these Terms and Conditions of Use. Violations may result in your removal from registered areas, denial of support or services, or other consequences.
HBX reserves the right to monitor any content that you provide, but shall not be obligated to do so. Although HBX cannot monitor all postings on the Site, we reserve the right (but assume no obligation) to delete, move, or edit any postings that violate these terms and conditions.
You acknowledge and agree that, as between HBX and/or the District, on the one hand, and you, on the other hand, all right, title, and interest in and to the Site and the content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by HBX, the District or their licensors and are protected by United States intellectual property and other applicable laws.
United States and foreign copyright laws and international conventions protect the contents of the Site. You agree to abide by all copyright notices posted on the Site. Pursuant to federal law, federal government-produced materials appearing on this site or elsewhere are not copyright protected. The United States Government may receive and hold copyrights transferred to it by assignment, bequest, or otherwise. This does not apply to District or state produced material.
Except for third party content that is copyright protected or for content otherwise noted, content on this site is licensed under a Creative Commons Attribution 3.0 License. Visitors to this site agree to grant a non-exclusive, irrevocable, royalty-free license to the rest of the world for their submissions to DC.gov under the Creative Commons Attribution 3.0 License.
All content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of HBX, the District or their content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site only for legitimate business, educational or personal purposes in order to facilitate use of HBX. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.
Certain data is not subject to these terms and conditions of use. The data located on Track DC and the Data Catalog has its own terms and conditions. Data from those two applications is public domain and made available with a Creative Commons CC0 1.0 Universal dedication.
The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to HBX. Without limiting the foregoing, DC HealthLink is a trademark of HBX. Unauthorized use of any trademark of HBX may be a violation of trademark laws. Any third party names or trademarks referenced in the Site are the property of their respective owners and do not constitute or imply affiliation, endorsement or recommendation by HBX or the District of the third parties.
You are solely responsible for the content (e.g., blog comments) that you post or otherwise make publicly available via the Site ("Submission"). By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person's or entity's rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission.
By making a Submission, you grant HBX and its designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license, in their sole discretion, to use or share for Exchange operations your Submission (in whole or in part), along with your name or any part thereof and place of residency, in their discretion, on the Site or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any claims for such use of your Submission.
You agree to defend, indemnify, and hold harmless HBX and the District and all of their employees, directors, officers, agents, affiliates, contractors, assigns, licensees, and successors in interest ("Indemnified Parties") from any and all claims, actions, suits, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees and costs) incurred in connection with any claim or allegation against any Indemnified Party, any breach by you of these Terms and Conditions of Use, or your inappropriate or unlawful use of this Site. HBX and/or the District will provide you with notice of any such claim or allegation, and you agree to cooperate fully in the defense of any such claim. The Authority and the District reserve the right to assume, at their own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of HBX and/or the District, as relevant.
Disclaimer of Warranty
You expressly understand and agree that your use of the Site, or any material available through this Site, is at your own risk. Neither the Authority nor the District warrant that the Site will be uninterrupted, problem-free, free of omissions, or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site. The content and function of the Site are provided to you "as is," without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose or use, or currency.
No transmission of data over the Internet or via mobile device is guaranteed to be completely secure. It may be possible for third parties not under the control of HBX or the District to intercept or access transmissions or private communications unlawfully. While we have implemented operational, technical, administrative and physical safeguards that are consistent with applicable laws to protect PII against any reasonably anticipated threats or hazards to the confidentiality, integrity, and availability of such information, we cannot, despite our reasonable efforts, ensure or warrant the security of any information transmitted over the Internet or via mobile device or shared electronically.
Limitation of Liability
In no event will HBX or the District, nor their employees, be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use the Site, including without limitation, damages from delay, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages, whether based on warranty, contract, tort, or any other legal theory.
These policies shall be governed by, and will be construed under, the laws of the District of Columbia, without regard to choice of law principles.
These Terms and Conditions of Use set forth the entire understanding and agreement between you and HBX with respect to the subject matter hereof. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect. Section headings are for reference only. HBX's failure to act with respect to any failure by you or others to comply with these Terms and Conditions of Use does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms and Conditions of Use without the prior written consent of HBX, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms and Conditions of Use.
- "Internet Protocol Address" or "IP Address" is a series of numbers that identifies each computer and machine connected to the Internet. An IP address enables a server on a computer network to send you the file that you have requested on the Internet. The IP address disclosed to us may identify the computer from which you are accessing the Internet, or a server owned by your Internet service provider. Because it is machine-specific, rather than person-specific, an IP address is not, in and of itself, Personally Identifiable Information.