Revision AA-00

Date: Feb, 10th 2024

This document is an agreement (“Agreement”, “Terms”) between you or an entity that you lawfully represent (“You”, “Your”, “User”) and Planscape LLC (“Planscape”, “Us”, “Our”, “We”), a Kansas limited liability company. By accessing, browsing, or using healthplanselection.com website (“Site”), or viewing any content, information, or resources present on the Site, or using applications, tools, widgets (“Services”) available or enabled via the Site, You accept and agree to be bound by the Terms.

The Terms may be revised at any time without prior notice with the new revision taking effect immediately upon posting on the Site or, if specified, on the date of the update. Your continued access and use of the Site and Services after revision of the Terms assumes acceptance and agreement to all changes.

The Site and Services are intended to be used by adults. Any individual under the age of eighteen (18) must not access or use the Site or Services.

We are not a health insurance provider, health insurance issuer, brokerage, bank, or financial institution. We do not provide medical advice, wellness guidance, or suggest treatment. We also do not provide financial advice or tax advice. The Site and Services are intended for informational purposes only. It is solely Your responsibility to make decisions with or without consideration of the information present on the Site or produced by the Services.

You shall defend, indemnify, and hold harmless Us and Our directors, officers, employees, agents, representatives, partners, affiliates, and licensors from and against any and all demands, claims, losses, damages, liabilities, costs, and expenses including, but not limited to, attorneys’ fees arising out of, or attributable to any of the following: a) Your access or use the Site or Services; b) Your inability to access or use the Site or Services; c) Your violation of the Terms; d) Your submissions to the Site or Services. Planscape reserves the right, at Your expense, to assume the exclusive defense and control of any matter that is subject to indemnification of Us, and You will cooperate with Our defense.

The Site and the Services and all associated materials and information are provided to You on an “as-is” and “as available” basis. To the full extent permitted by applicable law Your use of the Site and Services are at Your own risk. We and Our directors, officers, employees, agents, representatives, partners, affiliates, and licensors disclaim any warranties, express or implied, including, but not limited to, any of the following: a) any implied warranties of merchantability, accuracy, fitness for a particular purpose, or non-infringement; b) any warranty regarding information or results produced by the Services; c) any warranty of uninterrupted availability, performance, reliability, security, or error-free operation of the Site and Services. It is Your responsibility to evaluate appropriateness, completeness, quality, and accuracy of any information present on the Site or produced by the Services. You assume all risks arising out of accessing any content through the Site and Services, including, but not limited to, damage to Your computer systems, networks, or other property, and harm to Your physical or mental health.

To the full extent permitted by applicable law, in no circumstances or event shall Planscape and Our directors, officers, employees, agents, representatives, partners, affiliates, and licensors be liable for any loss of profits, revenue, or data, business interruption, or for any indirect, incidental, special, exemplary, consequential, or punitive damages or costs no matter the cause or theory of liability, and whether or not Planscape has been advised or otherwise become aware of the possibility of such damages.

We reserve the right to terminate or suspend Your access to the Site and Services at any time for any reason without notice and will not have any liability whatsoever to You for doing so. We may discontinue or modify any functionality or feature of the Site or Services. All provisions of the Terms applicable post termination, suspension, or modification will remain in full force, including, but not limited to, limitation of liability, agreement to arbitrate, and warranty disclaimers.

The Site and the Services are offered in the United States of America. Although access and use from other jurisdictions is possible, it is not appropriate or applicable. Use or access the Site and Services from other countries is at Your own risk, and You are responsible for compliance with any local laws.

You and We agree to resolve any dispute or claim related in any way to the Site or Services through final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Alternatively, a claim can be brought into a small claim court as long as the matter qualifies per the court’s rules and remains in that court advancing only on an individual basis. You and We agree that claim or dispute may only be asserted on our own behalf, and not on behalf of other individuals or entities including government officials, or a class of individuals or entities, or other collective basis. Claims from more than one User cannot be consolidated with those of any other User or involve another individual or entity’s use of the Site or Services. You and We agree to waive the right to sue in court and have a trial by judge or jury.

The Site may contain links to third-party websites which are not related, affiliated, or maintained by Us. If You follow these links, You will leave the Site and will do so at Your own risk. We are not responsible for the content or availability of those third-party websites, nor do We endorse or approve them.

The Site and the Services are provided to You solely for personal, noncommercial use. For this purpose We grant You a limited, non-transferrable, revocable, non-exclusive license without the right or permission to sublicense. You may not use the Site or the Services for any commercial purpose or any public display. Copying, distribution, republication, creating derivative versions of the Site, Services, associated content, or materials is strictly prohibited.