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Terms of Service

1. Your Registration and User Account

   The registration information that you provide to COBRAhealth.com Forums is considered private and personal between you and COBRAhealth.com Forums, and is governed by the COBRAhealth.com Forums Privacy Policy. All user accounts are governed by and subject to the following rules:

   • Use of your account is expressly limited to you. Your account may not be transferred or shared with any other party, temporarily or permanently.

   • COBRAhealth.com Forums access is limited to persons age 13 and over.

   • You agree to bear sole responsibility for all use of your account and for the confidentiality of your password. To protect your privacy, COBRAhealth.com Forums may suspend access or change access to your account immediately upon discovery that your account has been accessed by another person, or upon notification by you that your password has been lost, stolen or otherwise compromised.

   • You agree to provide an accurate email address. COBRAhealth.com Forums may, at its sole discretion, suspend any account that is found to contain an invalid email address. Updates to your email address are made by clicking on "Adminstrate users" and going to "User administration."

   COBRAhealth.com Forums may need to communicate with each member from time to time. As a condition of service, all active members of COBRAhealth.com Forums are required to receive routine and important "member service" announcements, via email, from COBRAhealth.com Forums. Member service email from COBRAhealth.com Forums may not be considered "spam" or blocked or blacklisted on any Internet blacklist service.

   If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service), you must promptly change your password and notify COBRAhealth.com Forums of the problem by giving notice via e-mail to craig@COBRAhealth.com.

   To cancel your Account, send an email to go to craig@COBRAhealth.com and I will allow permanently disable your account.

2. Rules of Online Behavior

   COBRAhealth.com Forums does not screen or edit messages posted in message boards, comments made in chat rooms, blog entries, or any other user-created content. However, COBRAhealth.com Forums reserves the right to monitor said content and to remove any objectionable material at any time, in our sole discretion. By viewing and/or participating in message boards, chat rooms, blogs, or any other services provided by COBRAhealth.com Forums, you acknowledge that you may encounter material that you find offensive. COBRAhealth.com Forums disclaims any responsibility for said material.

   • By participating in any service of COBRAhealth.com Forums, you agree not to:

     1. use services that are clearly identified as premium services unless you are a member in good standing at a subscription level that includes such services

     2. attach files to messages that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer

     3. participate in such a way as to undermine the operation of COBRAhealth.com Forums, a forum, chat room, blog, or other COBRAhealth.com Forums service

     4. use a message board, chat room, blog, or other service to harass others

     5. use COBRAhealth.com Forums to disseminate any inappropriate, defamatory, libelous, threatening, infringing, obscene, or unlawful material or information.

     6. reveal personally identifiable information about another member, including but not limited to real name, address, and phone number, without that member's specific permission.

     7. violate any copyright law, or other intellectual property law,

     8. violate any criminal statute

     9. engage in computer activity commonly known as a Denial of Service attack

     10. promote the violation of this agreement

   • Any attempt to manipulate forum rankings by artificially inflating counts of visitors, message views, postings or other items used in determining the forum's standing will be considered a violation of this agreement, and subject to any and all punitive actions specified herein for such violations, including closure of forum and termination of account.

   • COBRAhealth.com Forums disclaims all liability for messages appearing on message boards, comments made in chat rooms, Web pages hosted by COBRAhealth.com Forums, blog entries and comments, and other materials created by COBRAhealth.com Forums users. COBRAhealth.com Forums has no responsibility for such content and is merely providing access to such content as a service to you.

   • Use of distribution lists in electronic mail or other mass electronic mailings is subject to the approval of COBRAhealth.com Forums. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of COBRAhealth.com Forums.

   • By participating in COBRAhealth.com Forums, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.

   • Message boards, Web pages, chat rooms, blogs, and other services provided by COBRAhealth.com Forums may not be used for unauthorized commercial purposes, including participation in any affiliate program. If, in the sole discretion of COBRAhealth.com Forums, you are found to be using COBRAhealth.com Forums for any inappropriate commercial purpose, COBRAhealth.com Forums reserves the right to take action to end said activity.

   • If you operate a message board, Web page, chat room, blog, or other service of COBRAhealth.com Forums that generates more than two (2) gigabytes of bandwidth per month, COBRAhealth.com Forums reserves the right to charge additional fees to your account.

   • COBRAhealth.com Forums may terminate your account if it believes, in its sole discretion, that you have violated any of the terms of this agreement, or that you have engaged in any behavior that COBRAhealth.com Forums believes, in its sole discretion, is harmful to the operation of COBRAhealth.com Forums

3. Fees and Payments

   COBRAhealth.cm never charges or asks you to purchase subscription plans or anythign that requires a membership fee. Never give your credit card number and expiration date to anyone claiming to represent COBRAhealth.com. We do not accept any credit cards or payment via PayPal. COBRAhealth.com Forums will never suspend or terminate your account for lack of any payment, since none is ever required.

4. Privacy

   Please review the COBRAhealth.com Forums Privacy Policy .

   COBRAhealth.com Forums will strive to protect the privacy of all members who abide by these Terms of Service. However, at its sole discretion and especially in cases of abusive, libelous, illegal, and/or malicious behavior on the part of a member, COBRAhealth.com Forums may release certain membership information to appropriate parties when directed by law, through reasonable settlement of litigation against COBRAhealth.com Forums if served notice of such malicious behavior through a legal court in the US..

5. Information About Partners and Features Provided by Other Companies

   Some of the affiliatess offered through COBRAhealth.com Forums are operated by third party providers which may subject you to additional terms of service once ou leave the COBRAhealth.com website. COBRAhealth.com Forums disclaims any responsibility for the operation of such services. Affiliates do not have access to your emails, messages, chat, or other communications that occur on COBRAhealth.com Forums. COBRAhealth.com Forums is not responsible for the content or the privacy policy or practices of any other Web sites or for the actions of the companies responsible for those Web sites.

6. Representations, Warranties and Acknowledgements
   • COBRAhealth.com Forums does not endorse, and specifically disclaims any responsibility or liability for, any content on any message board or blog, in any chat room, on any Web page, or on any other content on COBRAhealth.com Forums. COBRAhealth.com Forums makes no representations about the reliability of services provided by COBRAhealth.com Forums or by any third party provider, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on said material and/or systems will be at your own risk. COBRAhealth.com Forums makes no representations regarding the amount of time that forums, chat rooms, blogs, message board discussions, uploaded files, or any other content will be preserved by COBRAhealth.com Forums.

   • COBRAhealth.com Forums reserves the right to add new membership programs and to change the terms of existing membership programs at any time, including paid programs. These modifications may include, but are not limited to, changes in the service, product offerings, price, or administration of the program. Not all products are available for all platforms, clients, or browsers. COBRAhealth.com Forums will announce any change in the price of the program on its website prior to any such change taking effect.

   • By posting on message boards or blogs, participating in chat rooms, or creating any other content (excluding private email communication), you will be deemed to have granted COBRAhealth.com Forums perpetual, non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability.

   • You maintain a copyright on any copyrighted original material you post, to the extent allowed by law. The reposting of a message on a different forum on COBRAhealth.com Forums without permission of the author is prohibited, except that official COBRAhealth.com Forums staff announcements posted in support forums may be reposted in other forums.

   • You participate in and/or operate message boards, chat rooms, blogs, and/or other COBRAhealth.com Forums features at your own risk. If you are unhappy with the contents and/or operation of a message board, blog, and/or chat room, your only recourse is to contact the host of said message board and/or chat room or owner of said blog. If you are dissatisfied with any feature, operability, contents, this agreement, other agreements COBRAhealth.com Forums imposes as a condition of usage, or any other component of the COBRAhealth.com Forums Web site, your sole remedy is to discontinue use of COBRAhealth.com Forums services.

   • If ordering merchandise and/or services from anyone other than COBRAhealth.com Forums, through any commercial service offered via an official COBRAhealth.com Forums partnership or affiliate, via COBRAhealth.com Forums, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. COBRAhealth.com Forums makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.

   • COBRAhealth.com Forums SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO COBRAhealth.com Forums OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COBRAhealth.com Forums BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE COBRAhealth.com Forums NOR SHALL COBRAhealth.com Forums BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COBRAhealth.com Forums' REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO COBRAhealth.com Forums RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL COBRAhealth.com Forums' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

   • You acknowledge that COBRAhealth.com Forums has the right to delete any messages, files, or any other content that you may have uploaded to any service of COBRAhealth.com Forums which have not been accessed for some period of time and is deemed by COBRAhealth.com Forums, in its sole discretion, to be abandoned, or any materials that violate the terms of this or any other binding agreement.

7. Indemnification

   You agree to indemnify and hold COBRAhealth.com Forums, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.

   You shall remain solely liable for the Content you upload or transmit to any Forum, blog, message board, chat room or any interactive areas on the Site. You agree to indemnify and hold harmless COBRAhealth.com Forums from any claim, action, demand, loss, expense or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. In the event that you have a dispute with one or more users, you release COBRAhealth.com Forums (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8. Modifications

   COBRAhealth.com Forums may, at any time, modify any of the terms and conditions contained in this agreement by posting such changes on the COBRAhealth.com Forums web site. If you do not agree to the changes, your only remedy is to cancel your COBRAhealth.com Forums membership.

9. Governance

   This Agreement will be governed by and construed in accordance with the Laws of the Commonwealth of Massachusetts.

10. Assignability

    COBRAhealth.com Forums may assign this Agreement, or any rights or obligations hereunder, (by operation of law or otherwise) without the prior written consent of its members. This Agreement shall inure to the benefit of, and be binding on, permitted assigns and successors of COBRAhealth.com Forums.

11. Severability

    In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

    Amendments and Waivers

    The failure of either COBRAhealth.com Forums to insist upon or enforce or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of COBRAhealth.com Forums' right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. In the event that any published statements, other agreements, or other official policies of COBRAhealth.com Forums may conflict with any of the terms contained in this document (Terms of Service) the terms of this document shall govern.

    To report abuse: craig@cobrahealth.com