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1. Terms of Service
These terms of service (“Terms”) govern each user’s (“user” or “you” or “your”) access to and use of this site, and all other services we provide (collectively, the “Services”), as well as any information, files or other materials uploaded, downloaded, transmitted or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By registering with the Services, uploading or downloading Content, or otherwise actively using the Services, you agree to be bound by these Terms. The Services are owned and provided by Breachway Media Group, LLC (“Breachway Media Group "or “we” or “us”).
We are not an insurance carrier, agent, or broker and are notaffiliated with any plan or endorsed by any government entity or agency. Weconnect individuals with insurance providers and other affiliates(collectively, “partners”) to give you, the consumer, an opportunity to getinformation about insurance and connect with licensed insurance agents. Bycompleting the quotes form or calling the number listed on our website, youwill be directed to a partner that can connect you to an appropriate licensedinsurance agent who can answer your questions and discuss plan options.
2. Access
You are responsible for your use of the Services, for any Content you post toor distribute through the Services, and for any consequences thereof. You areresponsible for the actions of each person who uses your account, whether ornot you have expressly authorized that person to use your account. The Contentyou submit, post, or display may be viewed by other users of the Services andthrough third party services and websites. You should only upload, share ortransmit Content that you have the right to upload, share or transmit, and thatyou are comfortable sharing with others under these Terms. By uploading Contentto the Services, you irrevocably grant us a perpetual, irrevocable,royalty-free, worldwide license to transmit, copy and use that Content, andcreate derivative works thereof, as we deem necessary and appropriate (“ContentLicense”).
You may use the Services only if you are 18 years old or older.You may use the Services only in compliance with these Terms and all applicablelocal, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of theServices may change from time to time without prior notice. In addition,Breachway Media Group may stop (permanently or temporarily) providing theServices or any features within the Services to you or to other users withoutnotice. Breachway Media Group also retains the right to create limits on useand storage at Breachway Media Group’s sole discretion at any time withoutprior notice.
The Services may include advertisements, which may be targeted tothe Content or information on the Services, queries made through the Services,or other information. The types and extent of advertising on the Services aresubject to change. In consideration for granting you access to and use of theServices, you agree that Breachway Media Group and its partners and advertisersmay place advertising on the Services or in connection with the display ofContent or information from the Services submitted by you or others.
3. Privacy
Any personally-identifiable information and other Content that identifies you(“Personal Data”) is subject to our Privacy Statement, which governs ourcollection and use of your Personal Data. California residents are also subjectto the provisions entitled “Your California Privacy Rights.” You consent to thecollection and use of Personal Data, including the transfer of Personal Databetween you (wherever you may be) and us (which means each location from whichwe Provide our Services), including any transfer of Personal Data betweencountries, for storage, processing and use by Breachway Media Group and byothers.
As part of providing you the Services, we may need to provide youwith certain communications, such as service announcements and administrativemessages. These communications are considered part of the Services and youraccount, which you may not be able to opt-out from receiving so long as youreceive the Services.
In order to use some features of the Services, you may need to“opt-in” to receiving text message or other communications from others. Youagree to initiate text messages or other communications with others only afteryou have received their permission to do so or are otherwise permitted to do sounder local, state, and Federal rules, laws, and ordinances. You further agreeto stop sending text messages or other communications to others after receivingsuch a request.
4. Content on the Services
The Services include a marketing platform for providing interested consumersfor insurance carriers, agents, brokers and related entities. Each suchcommunication is Content. All Content, whether publicly or privatelytransmitted or posted, is the sole responsibility of the person who posts ortransmits the Content. We do not monitor or control the Content posted via theServices and we are not responsible for Content. Any use or reliance on anyContent or other materials posted via the Services or obtained by you throughthe Services is at your own risk.
We are not an insurance carrier, agent, or broker and are notaffiliated with any plan or endorsed by any government entity or agency. Weconnect individuals with insurance providers and other affiliates(collectively, “partners”) to give you, the consumer, an opportunity to getinformation about insurance and connect with licensed insurance agents. Bycompleting the quotes form or calling the number listed on our website, youwill be directed to a partner that can connect you to an appropriate licensedinsurance agent who can answer your questions and discuss plan options.
Products and services are provided exclusively by our partners,but not all offer the same plans or options. Possible options that may beoffered include, but are not limited to, ACA-Qualified Plans and MedicarePlans, Short Term Plans, and Fixed Indemnity Plans. Descriptions are forinformational purposes only and subject to change. We encourage you to shoparound and explore all of your options. We are not affiliated with or endorsedby any government entity or agency.
We do not endorse, support, represent or guarantee thecompleteness, truthfulness, accuracy, or reliability of any Content orcommunications posted via the Services.
We or our users may use the Services to provide information ordiscussion on a variety of topics, including healthcare. We are not ahealthcare provider. We do not endorse any particular advice or recommendationswhich may be made via the Services, and we strongly recommend that you seek theadvice of a medical professional before making any decisions regarding yourhealthcare.
We do not endorse any opinions expressed via the Services. Youunderstand that by using the Services, you may be exposed to Content that mightbe offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,Content that has been mislabeled or is otherwise deceptive. Under nocircumstances shall Breachway Media Group be liable for any Content, including,but not limited to, any errors or omissions in any Content, or any loss ordamage of any kind incurred as a result of the use of any Content posted,emailed, transmitted or otherwise made available via the Services or broadcastelsewhere.
5. Your Rights
You retain ownership or other rights you may have to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us the Content License, as stated above.
You are responsible for your use of the Services, for any Contentyou provide, and for any consequences thereof, including the use of yourContent by other users and our third-party partners. You understand that theContent you submit may be rebroadcast or distributed by us, by our partners,and by the recipients of your Content. If you do not have the right to submitContent for such use, it may subject you to liability. Breachway Media Groupwill not be responsible or liable for any transmission or use of your Content.You represent and warrant that you have all the rights, power and authoritynecessary to grant the rights granted herein to any Content that you submit.
6. Breachway Media Group’s Rights
All rights, titles, and interests in and to the Services are and will remainthe exclusive property of Breachway Media Group and its licensors (includingother users). The Services are protected by copyright, trademark, and other lawsof the United States and other countries around the world. Nothing in the Termsgives you a right to use the Breachway Media Group name or any of BreachwayMedia Group’s trademarks, logos, domain names, or other distinctive brandfeatures. Any feedback, comments, or suggestions you may provide regardingBreachway Media Group or the Services is entirely voluntary and Breachway MediaGroup will be free to use your feedback, comments or suggestions as we see fitand without any obligation to you.
7. Restrictions on Content and Use of the Services
We reserve the right at all times (but we do not have the obligation) to removeor refuse to distribute any Content on the Services and to terminate users andreclaim user names. We also reserve the right to access, read, preserve, anddisclose any Content or other information for any reason in our solediscretion, including without limitation to satisfy any applicable law,regulation, legal process or governmental request, enforce the Terms, includinginvestigation of potential violations hereof, detect, prevent, or otherwiseaddress fraud, security or technical issues, respond to user support requests,or protect the rights, property or safety of Breachway Media Group, its usersand the public.
You may not do any of the following while accessing or using theServices:
access, tamper with, or use non-public areas of the Services,Breachway Media Group’s computer systems, or the technical delivery systems ofthe website’s systems;
probe, scan, or test the vulnerability of any system or network orbreach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services byany means (automated or otherwise) other than through our currently availableinterfaces published by Breachway Media Group (and only pursuant to thoseinterfaces), unless you have been specifically allowed to do so in a separatewritten agreement signed by Breachway Media Group;
forge any TCP/IP packet header or any part of the headerinformation in any email or posting, or in any way use the Services to sendaltered, deceptive or false source-identifying information; or
interfere with, or disrupt, (or attempt to do so), the access ofany user, host or network, including, without limitation, sending a virus,overloading, flooding, spamming, mail-bombing the Services, or by scripting thecreation of Content in such a manner as to interfere with or create an undueburden on the Services.
8. Intellectual Property Policy
Breachway Media Group respects the intellectual property rights of others andexpects users of our Services to do the same. We will respond to notices ofalleged copyright or other intellectual property infringement that comply withapplicable law (including the Digital Millennium Copyright or “DMCA” at 17U.S.C. §512) and are properly provided to us. If you would like the benefit ofyour legal protections under the DMCA, please review the DMCA to ensure yourcompliance.
If you believe that your Content has been copied in a way thatconstitutes copyright infringement or the infringement of other intellectualproperty rights, please send us a written request to remove theallegedly-infringing Content (“takedown notice”). Each takedown notice must bein English and include the following information:
Identification of the work claimed to have been infringed.
Identification of the material that is claimed to be infringing orto be the subject of infringing activity and that is to be removed or access towhich is to be disabled.
Information reasonably sufficient to permit us to locate thematerial (e.g., a detailed uniform resource locator or “URL”).
Your contact information, including your postal address, telephonenumber, and an email address.
A statement by you that you have a good faith belief that use ofthe Content or other material in the manner complained of is not authorized bythe copyright owner or other owner, its agent, or the law.
A statement that the information in the notice is accurate, and,under penalty of perjury, that you are authorized to act on behalf of thecopyright owner or other owner.
A physical or electronic signature of the copyright owner, otherowner, or a person authorized to act on their behalf.
On our receipt of a takedown notice, we may publish the takedownnotice to the general public, or provide a copy of the takedown notice to theuser that uploaded or provided the Content accused to be infringing (“AccusedContent”). For any takedown notice that is subject to the provisions of theDMCA, the original provider of the Accused Content may have the right to send anotice to us (called a “counter notice”) demanding that the Accused Content berestored to the Services.
In compliance with the DMCA or other applicable law, we mayimplement any takedown notice by removing the Accused Content or other materialfrom public view on the Services, and we may implement any counter notice byrestoring the Accused Content or other material to public view on the Services.In either case, Breachway Media Group shall bear no liability to you or anyoneelse for the posting, removal or re-posting of any Accused Content. Independentof the DMCA and any other applicable laws or regulations, we reserve the rightto remove any Accused Content without prior notice, at our sole discretion, andwithout liability to you or anyone else. In appropriate circumstances,Breachway Media Group will also terminate a registered user’s account if wedetermine the registered user to be a repeat infringer.
Our designated copyright agent for sending takedown notices andcounter notices is:
Breachway Media Group, LLC
8 Lewis Road
Marlborough, CT 06447
Email: hello@BreachwayMediaGroup.com
9. The Services are Provided “As-Is” and “As Available”
YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. YOUUNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND“AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, BREACHWAY MEDIA GROUP, ITS PARTNERS AND THEIR LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS ORIMPLIED, REGARDING THE SERVICES AND THE CONTENT, INCLUDING ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ORNON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY ANDLIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY ORRELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. BREACHWAY MEDIA GROUP SHALLNOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OFDATA, LOSS OF MONEY, LOSS OF BUSINESS OPPORTUNITY, OR OTHER HARM THAT RESULTSFROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE THATBREACHWAY MEDIA GROUP HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF,OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONSMAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEETYOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREEBASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROMBREACHWAY MEDIA GROUP, THROUGH THE SERVICES, OR OTHERWISE, WILL CREATE ANYWARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
10. Links
The Services may contain links to or integration with third-party websites,software, or resources (“third party systems”). You acknowledge and agree thatBreachway Media Group is not responsible or liable for the availability oraccuracy of such third-party systems, or the content, products, or services onor available from such third-party systems. Links to such third-party systemsdo not imply any endorsement of such third-party systems or the content,products, or services available from such third-party systems. You acknowledgesole responsibility for and assume all risk arising from your use of any suchthird-party systems.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREACHWAY MEDIA GROUP, ITSPARTNERS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS ANDLICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OFPROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESSTO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENTOF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANYDEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii)ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE ORALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY,CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOTBREACHWAY MEDIA GROUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, ANDEVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIALPURPOSE.
12. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or theexclusion or limitation of liability for consequential or incidental damages,so the limitations above may not apply to you.
13. Waiver and Severability
The failure of either party to enforce any right or provision of these Termswill not be deemed a waiver of such right or provision. In the event that anyprovision of these Terms is held to be invalid or unenforceable, the remainingprovisions of these Terms will remain in full force and effect.
14. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the law of theState of Connecticut, and the federal law of the United States, without regardto or application of any conflict of laws principles or rules. The U.N.Convention on Contracts for the International Sale of Goods does not apply tothese Terms.
You agree to indemnify and hold us harmless for any losses, costs,liabilities and expenses (including but not limited to court costs, legal fees,awards or settlements) relating to or arising out of your use of the Services,including any breach by you of the Terms or any allegation that you haveinfringed the intellectual property rights or other rights of another person.This indemnity obligation shall survive any termination or expiration of theseTerms or your use of the Services.
Any controversy or claim between the parties or arising out ofthese Terms or any Services shall be determined by one arbitrator in bindingarbitration administered by the American Arbitration Association pursuant toits Commercial Arbitration Rules. We anticipate that you may be geographicallydistant from our offices. Accordingly, to reduce the cost of resolving anydispute, all arbitration hearings will be conducted by video conference oraudio conference. The arbitral award will be final and binding, and may beentered and enforced in any court of competent jurisdiction.
15. Entire Agreement
These Terms, our Privacy Statement, our Cookie Policy, and, where applicable,Your California Privacy Rights, are the entire and exclusive agreement betweenBreachway Media Group and you regarding the Services (excluding any servicesfor which you have a separate written agreement signed by Breachway Media Groupthat expressly states it is in addition to or in place of these Terms), andthese Terms supersede and replace any prior agreements between Breachway MediaGroup and you regarding the Services.
We may revise these Terms from time to time and post the revisedversion of the Terms on the Services. If the revision, in our sole discretion,is material we may notify you via an e-mail to the email address associatedwith your account. By continuing to access or use the Services after thoserevisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contactBreachway Media Group at:
Breachway Media Group, LLC
8 Lewis Road
Marlborough, CT 06447
Email: hello@BreachwayMediaGroup.com
16. Revision History
Date of this revision: February 14th, 2024
Dates of Prior Revisions: N/A