The Explore Health Agent Connect service, administered by the Oregon Health Insurance Marketplace, is intended to connect consumers seeking enrollment assistance direct to certified insurance agents. Your use of this service is conditioned upon your acceptance of these Terms of Use (“TOU") and the accompanying Explore Health Acceptable Use Policy (collectively, the “Terms of Use" or “TOU").
Please read this Agreement carefully. These Terms of Use are a binding agreement between you and Explore Health. Use of this service is voluntary and can be discontinued at any time. By using this service, you hereby agree to be bound by the Terms of Use.
Responsibility of Use
You assume responsibility for the use of the Agent Connect service and all activities that occur based on your stated availability. You agree to immediately notify Explore Health by submitting a Service Request ticket in your Agent Portal if you suspect or become aware of any unauthorized use of the service under your login. You further agree to notify Explore Health of any errors or problems experienced with the service.
Restriction, Suspension, and Termination
Explore Health may restrict, suspend, or terminate your access to the service at any time if we believe that you have breached the TOU. Any restriction, suspension, or termination will be without prejudice to any rights that we may have against you with respect to your breach of the TOU. Explore Health may also modify or discontinue the service at any time, for any reason.
Modifications
Explore Health reserves the right to modify the TOU at any time without prior notice. You are responsible for reviewing the TOU on an ongoing basis. Accessing this service after any changes to the TOU have been posted thereon will constitute your acceptance of all changes. Unless specifically stated otherwise, any new features, products or services added to the service will be subject to the TOU.
Liability Restrictions
While Explore Health makes reasonable efforts to ensure that all information and content (“Materials") provided by this service are correct, accuracy cannot be guaranteed. Explore Health makes no representations or warranties as to the accuracy or completeness of the information provided by the service, results obtained from the use of the service or interruptions in the availability of the service. The information provided by the service is provided “as is" without warranty of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights. Even if Explore Health has been advised as to the possibility of such damages, Explore Health and/or its suppliers disclaim all responsibility for direct, indirect, incidental, special, consequential or other damages (including but not limited to damages for lost business, lost profits, or lost data) arising from or because of inaccuracies or omissions in the information provided by the service. Explore Health and/or its suppliers further disclaim any liability arising from the use of the service, including any damage to your computer or other property or loss of data arising from the use of the service itself. Some states or jurisdictions may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with the Agent Connect service, or any information provided by the service, your sole and exclusive remedy is to discontinue use. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against us arising out of or relating to the use of this service. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may apply to certain Authorized Users but only to the extent specifically required by the laws of those states or jurisdictions.
Copyright and Use of Information
You agree that any intellectual property rights embodied in the service are the property of Explore Health, Explore Health's affiliates, or Explore Health's third-party providers. Unless otherwise stated in the Terms, none of the Materials on this service may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of Explore Health or the original copyright holder. You agree that use of service information is specifically restricted as detailed in the terms agreed upon. Unauthorized use of Materials contained on this service is expressly prohibited by law and may result in severe civil and criminal penalties. Elements of this service are protected by trade dress and other laws and may not be copied or imitated, in whole or in part. No logo, graphic, sound, or image from the service may be copied or retransmitted unless expressly permitted by Explore Health.
Trademarks
The trademarks, service marks, and logos (collectively, “Trademarks") used in relation to this service are registered and unregistered marks of Explore Health and others. Nothing on this service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. Explore Health aggressively fully enforces its intellectual property rights under the law. Explore Health's Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this service without Explore Health's prior, written permission.
General
This agreement and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of Oregon, without giving effect to any principle of conflict-of-law that would require the application of the law of any other jurisdiction. The parties' consent to the exclusive jurisdiction of and venue in the Marion County Circuit Court, Salem, Oregon for enforcement of this agreement, and consent to personal jurisdiction in such court for any action or proceeding arising out of this agreement.