Legal Disclaimer and Terms

Terms of Use

 
Last Updated: October 29, 2019
 
These terms of use (the “Terms”) govern your use of the DigiVentures Holdings LLC (“Company,” “we,” or “us”) websites at medical.travelinsurance.com and mobile and other software applications where these Terms are posted (collectively, the “Website”). We provide the Website to assist you in comparing and buying travel insurance plans from insurers. By accessing or using the Website, you agree to be bound by these Terms, which constitute a legally binding agreement between Company, and you concerning your access to and use of the Website. If you do not understand these Terms, or do not agree to be bound by them or the separate Privacy Policy, you may not access or use the Website.
 
CONDITIONS OF USE
BY USING THIS WEBSITE, YOU ACKNOWLEDGE YOUR ASSENT TO THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN-CURRENT TERMS TO WHICH YOU ARE BOUND. By using the Website, you represent and warrant that you are at least 18 years old, are otherwise legally qualified to enter into and form contracts under applicable law, and have necessary rights, permissions, and authority to provide information about any individual for whom you are seeking insurance coverage or information. Certain insurance products and services are also subject to separate restrictions, conditions, and/or eligibility requirements, which you should review and make sure you understand prior to making any purchase.
 
DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MATERIALS ON THIS WEBSITE AND THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND COMPANY AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “COMPANY”) DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES AS TO CORRECTNESS, ACCURACY, SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO COMPANY. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OF OR MATERIALS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE INSURANCE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES; PLEASE REFER TO THE ACTUAL POLICY OR THE RELEVANT PRODUCT OR SERVICES AGREEMENT. THE INSURANCE PLANS LISTED ON THE WEBSITE ARE INTENDED FOR TRAVEL, SHORT-TERM, VISITOR, TOURIST, TEMPORARY, AND/OR LIMITED PURPOSES AND ARE NOT A SUBSTITUTE FOR PRIMARY LONG-TERM INSURANCE, INCLUDING PRIMARY MEDICAL INSURANCE YOU MAY BE OBLIGED TO OBTAIN UNDER APPLICABLE LAWS. YOU, AND NOT COMPANY, ARE SOLELY RESPONSIBLE FOR YOUR PURCHASE OF INSURANCE AND CONSEQUENCES RESULTING FROM OR ARISING OUT OF YOUR PURCHASE OF ANY INSURANCE.
 
LIMITATION OF LIABILITY
You understand and agree that your use of the Website is at your own risk. While Company uses reasonable efforts to include accurate and up-to-date information on this Website, errors or omissions sometimes occur. To the fullest extent permissible under applicable law, Company makes no warranties or representations as to the accuracy of the content of this Website and under no circumstances shall Company or any party involved in creating, producing, or delivering the Website be liable for any incidental, consequential, indirect, special, or punitive damages that result from the use of, or the inability to use, the materials on this Website, regardless of any notice otherwise. To the fullest extent permissible under applicable law, Company, its employees, and its agents will not be liable for your purchase or consequences resulting from your decision to purchase any plan through us. Notwithstanding the foregoing, in no event shall Company’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Company or $100 U.S. dollars, whichever is more. Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing of the Website or your downloading of any materials, data, text, images, video, or audio from this Website. You must read the insurance policy brochure and insurance plan details for complete and accurate details of the insurance policy you are considering purchasing. Only the terms and conditions of coverage and benefits listed in the insurance policy are binding. Please review the policy brochure and plan details for complete and accurate information. Please review the evidence of coverage and insurance plan contract for a detailed description of insurance policy eligibility criteria, coverage, benefits, claims process, limitations and exclusions. All of these limitations shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that these limitations represent a reasonable allocation of risk and are a fundamental element of the basis of the bargain between Company and you. The Website would not be provided without such limitations. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you.
 
INDEMNIFICATION
You agree to indemnify and hold Company and its affiliates, employees, agents and representatives harmless from any and all claims and liabilities (including reasonable attorney’s fees) arising out of or relating to your breach of these Terms or any applicable law(s), including without limitation for your violation of a third-party’s intellectual or proprietary rights, your use of the Website or services, any information or material provided by you, or any dispute you may have with any third party (including any claims or disputes with an insurer relating to payment, claims and benefits (paid, unpaid or declined), policy language, or any unpaid policy premiums). Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to the foregoing indemnification obligation, in which event you will fully cooperate with Company in asserting any available defenses. In the event that you have a dispute with an insurer, policy administrator, or other service provider you hereby release Company, its officers, employees, agents and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute(s).
 
JURISDICTION AND VENUE
These Terms are governed by and interpreted pursuant to the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. To the fullest extent permitted by applicable law, any action arising from or related to these Terms must be exclusively brought in a state or federal court in New Castle County, Delaware. You agree to submit to the personal jurisdiction and venue of such courts and irrevocably waive all objections to personal jurisdiction and venue.
 
NO RELIANCE ON THIRD-PARTY CONTENT
THIS WEBSITE MAY BE LINKED TO OTHER WEBSITES THAT ARE NOT MAINTAINED BY COMPANY. COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY CONTENT OR WEBSITES. THE INCLUSION OF ANY LINK TO SUCH WEBSITES DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY COMPANY OF THE WEBSITES OR THE CONTENT THEREOF. Opinions, advice, statements, or other information made available through the Website by third parties are those of their respective authors. Those authors are solely responsible for their content. Company does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Website. Under no circumstances will Company be responsible for any loss or damage resulting from your reliance on information or other content posted through the Website transmitted to or by any third party.
 
RESTRICTIONS ON USE OF MATERIALS
Except as otherwise expressly permitted by Company in writing, no part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Website for your own personal use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website, including the text, images, audio, and video, for public or commercial purposes. Company neither warrants nor represents that your use of materials displayed on this Website will not infringe rights of third parties.
 
WEBSITE LIMITATIONS
Unless otherwise expressly set forth herein, Company makes no representation that materials on this Website are appropriate or available for use in any location. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws. Except as expressly set forth herein the information contained on this Website is not an offer to sell or a solicitation to buy any security, insurance product or other product or service by Company. No security, insurance product or other product or service is solicited, offered, or will be sold by Company or, if sold by Company, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions. The insurance services and products described on this Website are only for persons in those states, countries, and jurisdictions where such products and services may legally be sold.
 
OWNERSHIP OF INFORMATION
Any information, other than personal data or information, you transmit to Company or via this Website, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of Company. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Company via this Website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. Please also refer to Company’s separate Privacy Policy.
 
INTELLECTUAL PROPERTY
All trademarks, services marks, trade names, copyrights, logos, texts, graphics, images, software, data compilations, and icons are proprietary to Company or its licensors. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any or right to use any proprietary content displayed on this Website without the written permission of Company. Your use of proprietary content or any other content on this Website, except as provided herein, is strictly prohibited. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. This notwithstanding, subject to your compliance with these Terms, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website. No part of the Website may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Company. All rights not expressly granted in these Terms are reserved by Company. These Terms grant you no rights to the intellectual property of Company or any other party, except as expressly stated in these Terms.
 
SOFTWARE LICENSES
You acknowledge that any software that may be available or provided to you on this Website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. Company does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by such export controls laws and regulations.
 
COMPANY’S LICENSES
We are a licensed agency and sell travel insurance by contractual agreements with insurance companies. We are licensed in states as required by each underwriter that we are appointed by. In the State of California, our agency does business as DigiVentures Holdings Insurance Agency LLC. Our company is web-based and we are headquartered in New York. Our current licenses are listed below:
 

 
REFUND POLICY
Our refund policy is determined by our travel insurance partners. In most cases, our partners allow refunds (less an administrative fee) within a short window that can range from 3 to 15 calendar days from the time you purchase your policy, provided it is not past the original departure date or you have not filed any claims. In all cases your request must be made in writing to, or as otherwise authorized by, the appropriate insurer.
 
PREMIUMS / COMMISSION
We created Company to allow our customers to compare and purchase travel insurance policies online. The travel insurance premiums that you see on our Website are provided to us by the insurance companies that we work with. These prices are not marked-up by Company and are regulated by each state (i.e., you won’t find a lower price for the same policy elsewhere because the prices are standardized). While we are paid a commission, which is a percentage of the premium, when a customer purchases a travel insurance policy through our Website, any such commission does not affect the prices offered to you on our Website.
 
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By providing your name and email address through the Website, you consent to receive electronic and other communications from Company, which will be about the Website, product offers, promotions, and other matters. You may opt out at any time by following the unsubscribe instructions contained in each communication.
 
PROHIBITED CONDUCT
Without limiting any other provision of these Terms, you are prohibited from doing the following in connection with the Website: (a) providing false, misleading, or inaccurate information; (b) impersonating, or misrepresenting affiliation or association with, any person or entity; (c) harvesting or collecting information about other users; (d) using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website; (e) accessing content or data not intended for you; (f) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (g) interfering with the use of the Website by any other user, host, or network, including by submitting malware or exploiting vulnerabilities; and (h) forging, modifying, or falsifying any network packet or protocol header or metadata in connection with or transmission to the Website.
 
TERMINATION
Without limiting any other provision of these Terms, Company reserves the right to, in Company’ sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason, including for any breach or suspected breach of these Terms or any applicable law(s). These Terms shall automatically terminate, without notice, if you breach these Terms. Any termination of these Terms shall automatically terminate all rights and licenses granted to you under these Terms, including all rights to use the Website. Upon termination, Company may, but has no obligation to, delete information you provided or relating to you. Upon termination, you shall cease all use of the Website. Sections regarding limitations of liability, indemnity, intellectual property, dispute resolution, prohibited conduct, notices, and miscellaneous terms shall expressly survive any termination of these Terms.
 
NOTICES
Company may give any required notice by email sent to the most recent email address, if any, provided by the intended recipient to Company. You agree that any notice received from Company electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Company is accurate and current, and notice to you shall be deemed effective upon the sending by Company of an email to that address. You shall give any notice to Company by submitting said notice to us at support@travelinsurance.com.
 
INSURANCE DISCLAIMERS

• Insurance you purchase may contain a pre-existing condition exclusion, a pre-notification penalty, benefit limitations, and other restrictions and exclusions.
• Insurance policy suggestions made on this Website, if any, are generic and are based on the limited information you have provided to Company at the time of purchase. It is your personal decision to purchase a policy based on the recommendations provided. Before purchasing a policy, you are responsible for reviewing the policy documents, coverage description, eligibility requirements, policy exclusions, and terms and conditions as outlined in any particular policy and to verify that you qualify for that policy and that it meets your needs.
• Company does not control the policy language, policy provisions, claims handling, insurance acceptance or provider’s network. You will be required to follow your insurer’s processes and procedures.
• Buying an insurance policy is not a guarantee of coverage. All benefits are subject to the policy terms and the claims process as set forth in the policy.
• Direct billing to the insurer is not guaranteed. You will be required to follow the claims process as set by the plan administrator and insurance policy.
• Payment information is transmitted to the insurer or administrator.
• It is your responsibility to check with any applicable authorities, such as your State Health Department, physician, or tax or legal advisor to obtain appropriate advice regarding health, tax, or legal issues.
• Most travel insurance plans provide insurance coverage that only applies during the covered trip. You may have coverage from other sources that provides you with similar benefits but may be subject to different restrictions depending upon your other coverage. You may wish to compare the terms of a particular travel insurance policy with your existing life, health, home, and automobile insurance policies. If you have any questions about your current coverage, you should contact your insurer or insurance agent or broker.
• It is your responsibility to renew any policy you have purchased before the deadline for renewal. Company cannot renew expired policies.

 
MISCELLANEOUS
These Terms constitute the entire agreement between Company and you concerning your use of the Website. These Terms may only be modified by the unilateral amendment of these Terms by Company along with the posting by Company of that amended version on the Website. A waiver by either party of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach. All of your rights and obligations under these Terms will not be assignable or transferable by you without the prior written consent of Company. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. There are no third-party beneficiaries to these Terms, with the following exceptions: indemnitees and Company’ licensors to the extent expressly stated in these Terms. You acknowledge and agree that any actual or threatened breach of these Terms or infringement of proprietary or other third-party rights by you would cause irreparable injury to Company and Company’ licensors, and would therefore entitle Company or Company’ licensors to injunctive relief. The headings in these Terms are for convenience only and shall have no legal or contractual effect. If any provision of these Terms or application thereof is held invalid, the invalidity shall not affect other provisions of the Terms that can be given effect without the invalid provisions and to this end the provisions of these Terms are declared to be severable.