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drumbi - Terms Of Use

TERMS OF USE

1.       THESE TERMS OF USE GENERALLY

(a)     Your Acceptance of These Terms of Use:

Please read the following Terms of Use (the “Terms”) carefully, as these Terms govern your download, access and use of this mobile or desktop or web application (collectively, the “Application”).  For purposes of these Terms, “LIBERTY” is defined collectively as LIBERTY Dental Plan of California, Inc. and its affiliates; in addition, LIBERTY may be alternatively referred to in these Terms as “we” or “us.”  LIBERTY’s affiliates, subsidiaries, owners, officers, directors, employees, contractors, partners, licensors, agents and representatives shall be referred to collectively as “LIBERTY Representatives.”  You must agree to these Terms before you may use the Application.  By clicking “I Agree” below or by otherwise downloading, accessing or using this Application, you signify your agreement to these Terms, which constitute a legal agreement between you and LIBERTY governing your access and use of the Application.  If you do not agree to these Terms, you may not access or use this Application and must immediately cease all such access or use.

(b)     Legal Authority to Enter Into This Agreement:

To access and/or use the Application, you must be of a legal age to form a legally binding contract with LIBERTY in the jurisdiction where you reside and you must not be a person who is barred from accessing and/or using the Application under applicable laws.  If you are under the required legal age, but are at least thirteen (13) years old (a “Minor”), you may access and/or use the Application only with the consent of your parent or guardian and with your parent/guardian’s acceptance of these Terms on your behalf.  You may not access or use the Application if you are unable to form a legally binding contract with LIBERTY.  By accepting these Terms, you represent that you understand the foregoing and that you are fully able and competent to enter into, and comply with, these Terms.  If you are a parent/guardian accepting these Terms on behalf of a Minor, you expressly agree that you will be solely responsible for: (i) the conduct of such Minor with respect to this Application, (ii) monitoring such Minor’s access and use of the Application, and (iii) the consequences of any such conduct, access or use.

(c)     Updates or Changes to These Terms:

We reserve the right to update and/or make changes to these Terms at any time and such updates or changes will be immediately effective.  We encourage you to review these Terms periodically for any updates or changes.  We will post updated and revised Terms on our website.  You may review the most current version of these Terms at any time at: http://www.libertydentalplan.com/Legal/drumbi-Terms-Of-Use.aspx.   Your continued access or use of this Application constitutes your acceptance of these Terms and any updates or changes to these Terms, as well as your acceptance of the reasonableness of these standards for notice of changes.

2.       YOUR ACCOUNT

(a)     Your Password and Account:

Your user identification/username and password (collectively, the “Login Information”) allows you to access the Application and your LIBERTY account.  Your Login Information may be used by you solely for your individual, authorized access and use of the Application (or your online account on LIBERTY’s website, as applicable).  You are solely responsible for controlling your Login Information and for authorizing, monitoring and controlling access to your account.  You are prohibited from redistributing, providing or otherwise making available your Login Information to any third party and are solely responsible for any activities that occur under your Login Information and account.  You agree to notify us immediately of any unauthorized use of your Login Information or account or of any need to deactivate Login Information associated with your account.

(b)     Access to Your Account; Privacy:

You acknowledge and agree that LIBERTY may access, use, disclose and/or preserve your account information and content contained therein if legally required to do so or if we have a good faith belief that such access, use, disclosure or preservation is reasonably necessary to: (i) comply with legal process or request; (ii) enforce these Terms, including the investigation of any potential violation of the Terms; (iii) detect, prevent or otherwise address security, fraud or technical issues; or (iv) protect the rights, property or safety of LIBERTY, its users or the public as required or permitted by applicable law.  You understand that by accessing and/or using the Application, you consent and agree to the collection and/or use or certain information about you and your use of the Application in accordance with LIBERTY’s Privacy Policy.  You further consent and agree that LIBERTY may collect, use, transmit, process and maintain information related to your account, and any devices registered thereunder, for purposes of providing the Application and any Application features to you.  The information that may be collected, if permitted by applicable law, by LIBERTY when you access and/or use the Application may also include technical or diagnostic information related to your access and/or use that may be used by LIBERTY to maintain improve or enhance the Application.  You may review our Privacy Policy, incorporated herein to the extent applicable, at: http://www.libertydentalplan.com/Corporate/Legal/Privacy-Statement.aspx.

 3.       THE APPLICATION

 (a)     System Requirements:

Use of this Application requires third party services and equipment such as a compatible mobile device or computer, internet access and a telecommunications carrier.  Obtaining and maintaining the equipment and services necessary to use the Application is solely your responsibility.  Your use of the Application may be affected by certain combinations of hardware, software and/or internet access.  LIBERTY is not responsible for equipment defects, lack of service, dropped calls or any other issues whatsoever arising from third party equipment or services.

(b)     Changes to the Application:

LIBERTY reserves the right to update, modify, cease or discontinue the Application (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you.  Without limiting the foregoing, LIBERTY may (but is not obligated to) post on our website notice of any such updates or modifications to the Application.  It is your responsibility to review the website for any such notices.  You acknowledge and agree that LIBERTY shall not be liable to you or to any third party for any updates or modifications to, or cessation or discontinuation of, the Application or any consequences thereof.

(c)     Content and Services:

(i)       Health Information.    The Application may make available or provide general educational information on dental health-related issues and/or may provide access to dental health-related resources (collectively, “Resources”).  Such Resources are not intended to be a substitute for professional medical advice or professional dental/health care.  Nothing in the Resources is intended to replace the advice of your dentist or other health care professional, nor is anything in the Resources intended to be used for medical diagnosis or treatment.  None of these Resources are intended, and must not be taken, as the rendering of dental, medical, nursing or other professional health care advice or services, or the practice of dentistry, medicine, nursing or professional health care, in any jurisdiction.  Always seek the advice of your dentist or physician before beginning any new treatment or if you have any questions regarding a medical condition.  You should not disregard medical advice, or delay seeking medical advice, because of something you read on or via this Application.  If you have specific dental or medical needs, or for complete dental or other health information, please see a dentist or other health care provider.

(ii)     Links and Third Party Information.         From time to time, the Application may make available or provide links to websites not owned or controlled by LIBERTY.  Such links to third party websites do not constitute or imply, and shall not be construed to constitute or imply, endorsement by LIBERTY.  We are not responsible for the privacy practices of such other sites and cannot guarantee the quality or accuracy of information presented on, or provided by, such other sites.

(iii)    Dental Provider Search.            This Application provides a search tool intended to allow you to locate dental providers within your LIBERTY dental plan network (the “Dentist Search Tool”).  The Dentist Search Tool locates participating dental providers within a certain distance of your current location or of an address or zip code entered by you.  Please note that this Dentist Search Tool may not identify every dental provider within your particular network.  Moreover, the Dentist Search Tool is not, and shall not be construed as, an endorsement of any particular dental provider or of a particular dental provider’s suitability for your specific needs.  In order for the Dentist Search Tool to perform a search based on your current location, LIBERTY, its licensors, the manufacturer of the mobile device or telecommunication or other application providers and these parties’ partners may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device.  By activating or using any location-based services on your mobile device, you agree and consent to LIBERTY’s and all such parties’ collection, maintenance, processing and use of your location data.  LIBERTY does not collect location data in a form that personally identifies you; rather, LIBERTY collects the minimum amount of data, if any, needed to locate dental providers based on your search criteria (such as your current location or entered address/zip code and your plan name/type).  You may deactivate or discontinue access to your location data by turning off your mobile device’s Global Positioning System (GPS) feature or by not using the Application’s location-based features.  Turning off or not using such location-based features will impact the functionality of the Dentist Search Tool.  All location data provided by the Dentist Search Tool is intended only for basic navigational purposes and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to harm of any kind, including personal injury, death, or property or environmental damage.  Use of any real-time route guidance offered is made at your sole risk.  Please note that location data provided may not be accurate.  Neither LIBERTY nor any other parties cited above in any way guarantee the availability, accuracy, completeness, reliability or timeliness of any location data or information displayed on, or provided by, this Application.

4.       YOUR USE OF THE APPLICATION

(a)     Your Responsibilities:

You may use the Application only for your personal non-commercial use and only as permitted by these Terms and in accordance with any applicable laws or regulations.  You acknowledge and agree that you are solely responsible and liable for all activity that occurs under your user identification/username.  In addition, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your Login Information and are solely responsible for safeguarding and securing your mobile device or computer and for ensuring no third party accesses your mobile device or computer or otherwise intercepts any information transmitted or received thereon.  Although you may be signed out of your account automatically for security purposes if you remain idle for a certain period of time, you are nonetheless solely responsible for protecting any of your health information or other personal information (or if you are a provider using this Application, your patients’ health information and any other personal information) transmitted or received using the Application or stored on your mobile device or computer.

(b)     Restrictions on Your Use:

This Application is licensed, not sold, to you.  All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Application belong to us or our licensors.  We grant you a personal, non-exclusive, non-transferable revocable limited license to use this Application only for your personal non-commercial use on the mobile device or computer that you own or control (the “License”).  You may not (and may not allow anyone else to) sell, rent, lend, lease, redistribute, sublicense, assign, grant a security interest in or otherwise transfer any right in the Application.  You may not copy, reverse engineer, decompile, disassemble, modify, create derivative works of or otherwise attempt to derive the source code of this Application.  You will not use or otherwise export the Application except as expressly authorized by these Terms, United States law and the laws of the jurisdiction in which the Application was obtained.  You agree that you will only use this Application and its content as explicitly permitted by these Terms and will not use the Application or its content for any purposes prohibited by applicable laws or regulations.

(c)     Violations:

Any use of this Application and its content that is not explicitly permitted by these Terms is a breach of these Terms and may violate the law.  If you violate these Terms, your permission to use this Application automatically terminates, your License to use this Application automatically terminates, and you must immediately cease using the Application and destroy all copies, full or partial, of the Application.

(d)     Termination:

You may stop using the Application at any time; provided, however, that any Application fees paid by you prior to your discontinuation of use are nonrefundable (except as expressly permitted otherwise by these Terms), including any fees paid in advance.  LIBERTY may at any time, with or without cause and with or without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Application.  Examples of cause for termination include, but are not limited to: (i) violation(s) of the Terms or any other terms, policies or guidelines referenced herein and/or posted on LIBERTY’s website; (ii) discontinuation or material modification to the Application or any part thereof; (iii) a request and/or order from law enforcement, a judicial body or other governmental agency; (iv) instances where provision of the Application to you is or may become unlawful; (v) technical or security issues or problems; (vi) your participation in fraudulent or illegal activities; or (vii) failure to pay any fees owed by you in relation to the Application.  Any such termination or suspension shall be made by LIBERTY in its sole discretion, without any refund to you of any prepaid fees or amounts, and LIBERTY shall not be responsible to you or to any third party for any damages that may result or arise out of such termination or suspension.

5.       INTELLECTUAL PROPERTY

(a)     Trademarks and Copyrights:

LIBERTY Dental Plan, the LIBERTY Dental Plan logo and other LIBERTY trademarks, service marks, graphics, logos, text, images, photographs, videos and sound used in connection with the Application (or with content contained therein) are trademarks or copyrighted material of LIBERTY Dental Plan of California, Inc. or its affiliates.  Other trademarks, service marks, graphics, logos, text, images, photographs, videos, sound used in connection with the Application (or with content contained therein) may be the trademarks or copyrighted material of their respective owners.  You are granted no right or license in or to any of the aforesaid trademarks or copyrighted or other material, and you further agree that you will not remove, obscure, or alter any proprietary notices (including but not limited to trademark and copyright notices) that may be affixed to or contained within the Application.

(b)     Proprietary Rights:

You acknowledge and agree that LIBERTY and/or its licensors own all legal right, title and interest in and to the Application and any software provided to you as a part of and/or in connection with the Application (“Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.  You further agree that the Application (including any Software or any part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

6.       DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS APPLICATION (AND ANY RELATED SERVICE OR CONTENT CONTAINED THEREIN OR INFORMATION OBTAINED THEREBY) IS AT YOUR SOLE RISK AND THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  IN ACCESSING AND USING THIS APPLICATION, YOU SHALL NOT RELY SOLELY ON ANY OF THE CONTENT CONTAINED THEREIN OR INFORMATION OBTAINED THEREBY.  IN ADDITION, LIBERTY AND LIBERTY REPRESENTATIVES CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THIS APPLICATION OR ANYTHING CONTAINED THEREIN OR OBTAINED THEREBY IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.  LIBERTY AND LIBERTY REPRESENTATIVES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  LIBERTY AND LIBERTY REPRESENTATIVES CANNOT AND DO NOT WARRANT AGAINST ANY HUMAN, SERVICE OR MACHINE ERRORS, OMISSIONS, DELAYS, FAILURES, INTERRUPTIONS OR LOSSES.  IN PARTICULAR, LIBERTY AND LIBERTY REPRESENTATIVES CANNOT AND DO NOT MAKE ANY WARRANTY THAT: (I) THE APPLICATION (AND ANY RELATED SERVICE OR CONTENT CONTAINED THEREIN OR INFORMATION OBTAINED THEREBY) WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE APPLICATION WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE APPLICATION WILL BE ACCURATE OR RELIABLE; OR (IV) ANY DEFECTS OR ERRORS IN THE APPLICATION WILL BE CORRECTED.

ANY MATERIAL OBTAINED THROUGH USE OF THE APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.  YOU FURTHER ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIBERTY OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

 7.       LIMITATION OF LIBERTY’S LIABILITY

UNDER NO CIRCUMSTANCES WILL LIBERTY OR LIBERTY REPRESENTATIVES BE LIABLE FOR ANY HARM YOU SUFFER AS A RESULT OF YOUR ACCESS OF, USE OF OR RELIANCE UPON THIS APPLICATION OR ANY CONTENT CONTAINED THEREIN OR OBTAINED THEREBY.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIBERTY AND LIBERTY REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR MEDICAL MALPRACTICE, LOSS OF PROFITS, INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL, REPUTATION, USE OR DATA, COST OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LIBERTY HAS (AND/OR LIBERTY REPRESENTATIVES HAVE) BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (I) THE ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE APPLICATION; (II) ANY UPDATES OR CHANGES MADE TO THE APPLICATION OR ANY TEMPORARY OR PERMANENT DISCONTINUATION OR INTERRUPTION OF THE APPLICATION OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE APPLICATION; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATION; AND (VI) ANY OTHER MATTER RELATING TO THE APPLICATION.  NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL LIBERTY’S TOTAL LIABILITY (AND THAT OF LIBERTY REPRESENTATIVES) TO YOU FOR ALL DAMAGES (REGARDLESS OF THE THEORY OF LIABILITY) EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE APPLICATION OR ONE DOLLAR ($1.00), WHICHEVER IS LESS.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

 8.       INDEMNIFICATION

You shall defend, indemnify and hold LIBERTY and LIBERTY Representatives harmless from and against any and all claims, actions, liabilities, damages, debts, fines, judgments, losses, expenses and settlements (including without limitation court costs, attorneys’ fees, accounting fees, costs of claim processing and all investigation and litigation costs) (collectively, “Claims”) arising out of, or alleged to arise out of: (i) any content or information you submit, transmit or otherwise make available through your use of the Application; (ii) your access or use of this Application, whether or not such access or use is expressly authorized by you; or (iii) your violation of these Terms (whether by act, omission or negligence).  Your obligation to indemnify LIBERTY includes, but is not limited to, the obligation to defend, indemnify and hold LIBERTY and LIBERTY Representatives harmless from Claims involving intellectual property rights.

9.       MISCELLANEOUS

(a)     Governing Law:

By accessing or using this Application, you expressly agree that your use and these Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions and regardless of your actual state or country or residence.  You expressly agree that this Application is intended for use within the United States and is not for export to any other country.

(b)     Binding Individual Arbitration:

(i)       Dispute Defined.          The term “Dispute” means any dispute, claim or controversy between you and LIBERTY regarding the Application or its content, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, including the validity, enforceability or scope of this Section 9(b) (with the exception of the enforceability of the Class Action Waiver contained in Section 9(b)( v) below).  “Dispute” is to be given the broadest possible meaning that can be enforced.   

(ii)     Dispute Resolution.    If you have a Dispute with LIBERTY, you must send written notice to P.O. Box 26110, Santa Ana, CA 92799-9547, Attn: Legal Department – Dispute Resolution to give LIBERTY the opportunity to resolve the dispute informally through negotiation.  You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice to LIBERTY of the dispute.  If LIBERTY does not resolve your Dispute within such 60-day period, you may then pursue your claim in arbitration pursuant to the terms in this Section 9(b).

(iii)    Arbitration.  You and LIBERTY agree that if you have a Dispute with LIBERTY that cannot be resolved through negotiation within the time frame specified in Section 9(b)(ii) above, you and LIBERTY may seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 9(b) and will not litigate such Dispute in court.  Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.  Arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules (the “Rules”).  The Rules are available at http://www.adr.org.  Any award by the arbitrator shall be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.  The place of arbitration shall be Orange County, California and the language of the arbitration shall be English.

(iv)   Exclusions from Arbitration.    You and LIBERTY agree that any claim filed by you or LIBERTY in small claims court is not subject to the arbitration terms contained in this Section 9(b).

(v)     Class Action Waiver.  ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND LIBERTY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

(vi)   Severability. If any clause within this Section 9(b) (other than the Class Action Waiver set forth in Section 9(b)(v) above) is found to be invalid or unenforceable, that clause will be severed from this Section 9(b) and the remainder of this Section 9(b) will be given full force and effect.  If the Class Action Waiver clause set forth in Section 9(b)(v) is found to be invalid or unenforceable, this entire Section 9(b) will be void and unenforceable, and the Dispute will be decided by a court of competent jurisdiction (in Orange County, California) and you and LIBERTY each agree to waive in such instance, to the fullest extent allowed by applicable law, any trial by jury.

(c)     Severability:

The invalidity or unenforceability of any provision of these Terms shall not in any way affect the validity or enforceability of the rest of these Terms.  If any part of these Terms is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

(d)     Waiver:

The failure of LIBERTY to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  A waiver of any provision of these Terms will be effective only if in a writing signed by an authorized officer of LIBERTY.

(e)     Survival:

All continuing rights and obligations under this Agreement, including the following Sections, will survive termination of this Agreement: Section 2 (with respect to any of your continuing responsibilities or restrictions on your use), Section 3 (with respect to limitations on LIBERTY’s liability and/or responsibility), 4(d) (with respect to the limitation on LIBERTY’s responsibility for resulting damages), and Sections 5, 6, 7, 8, and 9.

(f)      Entire Agreement:

These Terms (collectively with any applicable policies or terms of use or terms of service posted on LIBERTY’s website, which are all incorporated herein to the extent applicable) constitute the entire agreement between you and LIBERTY with respect to this Application and they supersede all prior agreements, representations, proposals and other communications with respect to this Application and its content.

By clicking “I Agree,” you signify your acceptance of all of the above Terms: