Use of any of the information, data and interactive resources contained in ISO website and application (all such information, data and resources shall be referred to as the "Content") is entirely at your own risk. The Content and ISO website and application are provided "as is", without warranty of any kind, either express or implied, to the maximum extent permitted by applicable law, including without limitation: (1) any warranties concerning the accuracy, completeness, reliability or availability of Content, products, services or results; and (2) any warranties of title or warranties of merchantability or fitness for a particular purpose.
Neither ISO nor any of its employees, agents, directors, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors and assigns will be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits, and damages that result from inconvenience, delay, or loss) arising out of use of, or inability to use, the Content or ISO website and application, even if ISO has been advised of the possibility of such damages or losses and regardless of whether such damages are caused by ISO’s negligence or as a result of any other acts or omissions on the part of ISO or its agents. If, however, despite the exclusions contained in this paragraph, ISO should be found liable for any loss or damage which arises out of or is in any way connected with the use of the Content or the ISO website and application, ISO's liability shall not exceed the amount of any fees paid by you to ISO in connection with the use of the Content or the ISO website and application. ISO is not liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
The ISO website and application may contain links to websites operated by parties other than ISO. Such links are provided for your reference and convenience only. You acknowledge and understand that ISO does not control such websites and you agree that ISO is not responsible for the content of such websites. ISO's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association or affiliation of any nature with their operators.
Use of the ISO website and application is limited to your personal use. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the ISO website and application, with the following exception: You may display, print, and store one electronic copy of content provided for your personal use. You may not, without ISO's written permission, "mirror" any material contained on the ISO website and application on any other server.
ISO, ISOA and ISO HEALTH INSURANCE are registered trademarks of the Company. The Company's trademarks may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company.
All content included on our websites and applications including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all contents on our websites and applications is the exclusive property of the Company and protected by United States and international copyright laws. All software used on our websites and applications is the property of the Company or its software suppliers and protected by United States and international copyright laws.
Exclusions and Limitations
Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to hold harmless and indemnify ISO and its subsidiaries, affiliates, officers, agent, employees, advertisers, licensors, suppliers or partners, (collectively “ISO and Partners”) from and against any third party claim arising from or in any related to your use of ISO services, violation of the Terms or any other actions connected with use of ISO services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, ISO will provide you with written notice of such claim, suit or action.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that ISO may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on ISO services.
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and ISO and govern your use of ISO services, superceding any prior agreements between you and ISO for the use of ISO services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ISO services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and ISO shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and ISO agree to submit to the personal and exclusive jurisdiction of the courts located within the County and State of New York.
Waiver and Severability of Terms. The failure of ISO to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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, remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ISO services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.