Effective Date: March 22, 2018
CHOICE DIRECT - 2018HEALTHCARE.COM
"Company," "we," "us" and "our" mean Precise Leads, Inc. d/b/a Choice Direct. "You" means the person or persons who visit, utilize and/or submit information on this Website.
The Website is intended for users who are at least eighteen (18) years of age and located in the United States of America and the Terms and Conditions shall be interpreted under the laws of the United States. By submitting information on/via the Website, you explicitly accept, without limitation or qualification, the terms set-forth in these Terms and Conditions. Please read these Terms and Conditions carefully as it affects your rights and liabilities under the law. If you do not agree to our practices, disclosures, terms and policies, please do not provide any information or interact in any manner whatsoever with the Website or service, for any purpose.
YOUR USE OF THIS WEBSITE, AND THE SERVICES AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE, CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.
We are a marketing lead generator and advertising referral service. We do not charge you any fee. We are not an insurance carrier, an agent, a representative, an underwriter, an administrator or a broker. We do not provide insurance quote or policies. Quotes are provided by insurance carriers, agents and/or brokers. We are not affiliated with, or endorsed by, the U.S. government or any federal insurance program. We do not control and are not responsible for the actions of any third-party insurance carrier, insurance agent, insurance broker, service/product provider and/or third-party marketer, or intermediary agent and/or entity. Your information may be sold and re-sold multiple times leading to multiple offers from third-parties, such as insurance carriers, insurance agencies, insurance brokers, service/product providers, marketers, affiliate companies and/or intermediary agents and/or entities. You may be contacted multiple times by numerous marketers for various services/products. Your information may be verified or supplemented with additional information obtained from other sources.
Following submission of your information, you may be redirected to the website of a third-party, such as an insurance carrier, insurance agent, insurance broker, service/product provider, marketer, affiliate company and/or an intermediary agent and/or entity, either on their website or through their contact with you. Although we may possess a material financial connection to third-party insurance carriers, insurance agencies, insurance brokers, service/product providers and/or marketers, as well as intermediary agents and/or entities (including, lead aggregator entities and vendors to such businesses), in that we are compensated for each potential customer referral, such third-parties and third-party websites are not under our control.
Please be certain to review any/all third-party privacy policies and terms and conditions as they may differ significantly from our own. Third-party websites are not reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products or other materials of any such websites. We do not imply approval of the listed destinations, warrant the accuracy of any information set out in those destinations, or endorse any opinions expressed therein or any goods or services offered thereby. Third-party websites operate under the auspices and at the direction of their respective owners who should be contacted directly with questions regarding the content thereof.
There is no guarantee that you will be accepted by any third-party, such as an insurance carrier, insurance agent, insurance broker, service/product provider and/or marketer, or an intermediary agent and/or entity, and we do not endorse any such third-parties. We do not have access to the terms of your insurance plan. Each insurance carrier has its own terms, conditions and policies. Always carefully review all terms and policies. Always carefully review all terms and policies. For details, questions or concerns regarding quotes or policies, please contact your insurance carrier, broker or agent, directly. Eligibility may depend upon various factors. This service and offer are void where prohibited. Exclusions, limitation and conditions may apply.
We expressly disclaim liability for, without limitation, any product, service or plan. You are not obligated to use our lead generation service, initiate contact with third-parties, such as insurance carriers, insurance agents, insurance brokers, service/product providers and/or marketers, intermediary agents and/or entities, or agree to enroll in any plan. If you do not desire to receive further telephone communications from third-parties, you have a right to request that you be placed on their Do-Not-Call list.
We do not take applications for insurance plans, coverage, or policies or make credit decisions. Third-parties, such as insurance carriers, insurance agencies, insurance brokers, service/product providers and/or marketers may confirm your information through the use of a consumer report, which may include your credit score and driving record. You expressly authorize such third-parties to obtain consumer reports from one or more consumer reporting agencies. Such inquires may be shown on your consumer report and may have a negative impact on your credit score.
Unless otherwise set forth in these Terms and Conditions, this is an independent Website and is not affiliated with any third-parties, such as insurance carriers, insurance agencies, insurance brokers, service/product providers and/or marketers, or intermediary agents and/or entities. As set forth herein above, we may possess a material financial connection to various third-parties in that we are compensated for each potential customer referral. We are not endorsed by, and do not endorse, any third parties.
All trademarks, service marks, logos and/or domain names displayed are registered and/or unregistered marks of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website.
Upon submission of your information, as set forth herein above, you may be redirected to the website of a third-party. You should review third-party terms and conditions and privacy policies as they may differ significantly from our own. Please contact the third-party provider directly with any questions regarding their services/products.
You expressly acknowledge that Company may provide your information to third-party insurance carriers, insurance agencies, insurance brokers, service/product providers, marketers, affiliate companies, as well as intermediary agents and/or entities (including, lead aggregator entities for promotional offers by email, telephone, mobile device and/or SMS text (including, your lawful prior express written consent in compliance with the E-SIGN Act, by automated telephone dialing and/or artificial pre-recorded voice) at the number provided. Company has captured information to prove prior written consent was obtained from you, via an electronic signature. Specifically, we may have captured an IP Address, website pages which contain the consent language and fields, associated screenshots of the consent webpage as seen by you where your telephone number was inputted, complete data record submitted by the you (with time and date stamp), or other identification sources. All collected information will be retained for a minimum period as required by or permitted by applicable law.
Separate lists may be maintained for different purposes. If you wish to end your inclusion in a particular list, you need to follow the instructions at the end of each communication to unsubscribe from the particular list.
By submitting your personal information to Company and/or third-parties, such as insurance carriers, insurance agencies, insurance brokers, service/product providers, marketers, affiliate companies, as well as intermediary agents and/or entities, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 C.F.R. å¤ 310 et seq.), as amended from time to time (the "ATSR") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade CommissionÕs Do-Not-Call List, and/or on applicable state do-not-call lists, Company and/or third-parties, such as insurance carriers, insurance agencies, insurance brokers, service/product providers, marketers, affiliate companies, as well as intermediary agents and/or entities, retain the right to contact you via telemarketing in accordance with the ATSR and applicable state do-not-call regulations.
Where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act (47 U.S.C. å¤ 227), and its implementing regulations adopted by the Federal Communications Commission (47 C.F.R. ¤ 64.1200), as amended from time-to-time (the "TCPA"), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Should you expressly authorize telephone solicitation using automated dialing and/or pre-recorded voice, you do so knowing that you are not required to consent to such telemarketing as a condition of purchasing any property, goods or services; that you may revoke such consent at any time; and that your consent simply allows Company and/or third-parties, such as insurance carriers, insurance agencies, insurance brokers, service/product providers, marketers, affiliate companies, as well as intermediary agents and/or entities, to contact you via these means. Standard text message rates will apply.
Company is not responsible for third-party promotional communications sent to you. Company provides you the opportunity to "opt-out" of having your information used for certain purposes. You may remove your information from our database by contacting us directly. If you remove your information from our database it will no longer be disclosed to third-parties, or used by Company to send promotional communications to you. However, Company may retain information necessary to establish your lawful consent to receive marketing messages.
Please review Company's for information concerning how we collect, use, store, and disclose your information, including personally identifiable information.
These Terms and Conditions may be updated by us from time-to-time without notice to you. Continued use of the Website after posting the changes or modifications constitutes an acceptance by you of the changes or modifications. It is your responsibility to review the Terms and Conditions for changes, periodically.
In addition to user restrictions set forth elsewhere herein, you are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the service, the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other users information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity. You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the service, Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; using automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; reselling, assigning, sublicensing, otherwise transferring, or delegating your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; modifying, publishing, transmitting, transferring or selling, reproducing, creating derivative works from, distributing, displaying or in any way exploiting any Website content; or excepting as otherwise expressly permitted on the Website, using any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to Company, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you "AS-IS" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent. We reserve all rights not expressly granted in and to the Website and the content. You understand that when using the Website, you may be exposed to third-party content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to same. You further understand and acknowledge that you may be exposed to third-party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
The Website contains intellectual property owned by Company and other parties. As between Company and you, we are the sole owner of the Website and all content and materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto.
You are provided a revocable, limited, non-exclusive and non-transferable license to use the Website conditioned on your continued compliance with these Terms and Conditions. Except as otherwise specifically provided herein, you may not download or save a copy of the Website content or any portion thereof, for any purpose. However, you may print a copy of individual screens appearing as part of the Website content solely for your personal, non-commercial use or records, provided that any Company or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company (and from all other entities with an interest in the relevant intellectual property). Any unauthorized attempt to modify any Website content, to defeat or circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the Website or Website content.
THIS WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS/ARE PROVIDED "AS IS"' AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SERVICES, WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE SERVICES, WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE SERVICES, WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, SERVICES OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES, WEBSITE OR THE WEBSITE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold Company, our parents, subsidiaries, partners, agents, affiliates, representatives, licensors, providers, successors and assigns and their respective officers, directors, members, managers, employees, agents and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneysÕ fees, arising in any way from, in connection with or as a result of your use or inability to use the Website, services and or content, any information provided to you by the Website, or any violation of these Terms and Conditions by you.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR SERVICES.
Consumers are not prohibited from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction.
Any suit, action or proceeding relating hereto shall be brought in your state of residence.
If for some reason the prohibition on class arbitrations set forth herein above cannot be enforced, then the agreement to arbitrate will not apply.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL.
YOU ACKNOWLEDGE AND AGREE THAT YOU EXPRESSLY ASSENT TO THE TERMS HEREOF.
The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 these Terms and Conditions remain in full force and effect.
There is no relationship of partnership, agency, employment, franchise, or joint venture between the parties.
These Terms and Conditions, and , along with other related terms and policies governing your use of the Website and/or our services, set forth the entire understanding of both parties hereto with respect to its subject matter and supersedes any and all previous contracts and covenants between both parties whether written or oral, with respect to such subject matter.
We welcome all support inquiries. If you have any questions or concerns, please notify us via telephone (toll free) at (877) 444-1666 or by writing to us at
Choice Direct – 2018HealthCare.com
2885 Sanford Ave SW #32002
Grandville, MI 49418
If you have a complaint with the services provided via the Website, or wish to request further information, please , as set forth herein above.
You acknowledge and agree that by clicking on the button labeled "Agree," "Finish," "Submit," or such similar links as may be designated by Company to accept these Terms and Conditions, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that its electronic submission constitutes its agreement and intent to be bound by this agreement and all terms contained therein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY US. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.