TERMS OF USE

Last revised December 2015

These terms and conditions of use (“Terms of Use”) govern your use of the websites owned and operated by Bupa Insurance Company and its subsidiaries, affiliates, and related group of companies (collectively “Bupa”), including but not limited to: www.bupalatinamerica.com and www.bupasalud.com (collectively, the “Site”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our [Privacy Policy] for a description of our privacy practices and policies.

1. Ownership Of The Site

All pages within this Site and any material made available for download are the property of Bupa, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Bupa. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Bupa without our express written consent.

2. Site Access, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Bupa will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Bupa. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Bupa at any time with or without cause. You agree to defend, indemnify and hold Bupa harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Bupa arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

3. Accuracy and Integrity of Information

Although Bupa attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Bupa so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Bupa shall have no responsibility or liability for information or Content posted to the Site from any non-Bupa affiliated third party.

4. Links to Other Sites

Bupa makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Bupa site, please understand that it is independent from Bupa, and that Bupa has no control over the Content on that website. In addition, a link to a non-Bupa website does not mean that Bupa endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

5. User Generated Content, Reviews, Feedback and other Postings to the Site

If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Bupa that you have the legal right and authorization to provide all User Generated Content to Bupa for the purposes and Bupa’s use as set forth herein. Bupa shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however Bupa desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Bupa is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

Bupa does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Bupa the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Bupa and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You agree to defend, indemnify and hold Bupa harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Bupa arising out of any User Generated Content you post or allow to be posted to the Site.

6. Disclaimer of Warranties

BUPA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. BUPA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. BUPA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.


YOUR USE OF THIS SITE AND ITS CONTENTS IS STRICTLY AT YOUR OWN RISK.  Bupa and its licensors and suppliers are not liable for direct, indirect, incidental, special, consequential, or other  damages, punitive or otherwise, whether foreseeable or unforeseeable, of any kind whatsoever, arising out of or in connection with this site, whether based on warranty, contract, tort, negligence, act, ommsion, product liability or any other legal or equitable theories, even if Bupa and its licensors and suppliers have been directly or indirectly placed on notice of any defect, omission, or required amendment to the site.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY BUPA ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

7. This Site Does Not Provide Medical Advice

The Content of this Site is general in nature and for informational purposes only. Bupa does not engage in the practice of medicine. Bupa does not provide medical diagnoses or recommendations about the course of treatment for your particular circumstances and does not recommend or endorse any specific services, procedures, tests, products, or procedures referred to or opinions or information that may be contained in the Content for your particular circumstances. The Content is not intended to be used as a substitute for medical advice, diagnosis, or treatment, and should never be used as a substitute for seeking medical advice from your own physician or healthcare provider. The Content is for your personal use only and will not be assessed or reviewed by Bupa as a means to diagnose, treat, recommend or otherwise suggest or imply any medical symptom, condition, diagnosis, or treatment. Bupa always recommends that you seek the advice of your physician or qualified healthcare provider with any questions you may have regarding your health and/or a medical condition, regardless of any information you may obtain from the site.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, SEEK IMMEDIATE MEDICAL TREATMENT, CALL YOUR DOCTOR OR ANY EMERGENCY SERVICE AVAILABLE TO YOU.

Any diagnosis or treatment decisions made by you should be made in consultation with your qualified healthcare provider. Do not rely on the Content or on anything you have read or seen on the site to make medical or treatment decisions. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN ON THIS SITE.

8. This Site Contains No Third Party Marketing or Advertising

The Bupa companies are licensed and authorized to offer insurance in various jurisdictions worldwide. Bupa Insurance Company is licensed in the State of Florida as well as the Florida branch of Bupa Insurance Limited. All U.S. business placed with these companies must be placed in accordance with U.S. regulatory requirements, and coverage must comply with local law. Nothing in this site should be construed to solicit insurance business from U.S. residents.

9. Consent To Data Processing Of Personal Data In The United States.

In order to provide the services and functionality available to you through this Site, we may send and store your personal information (also commonly referred to as personal data) outside of the European Economic Area and (EEA), including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our site, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

10. Limitation of Liability Regarding Use of Site

BUPA AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF BUPA TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

11. Dispute Resolution.

In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in Miami, Florida in accordance with Florida law.

12. Revisions; General

Bupa reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Bupa and you pertaining to the subject matter hereof. In its sole discretion, Bupa may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Questions

If you have any questions regarding these Terms and Conditions of Use, please contact Bupa Latin America, Attn: Legal Department, 17901 Old Cutler Road, Suite 400, Palmetto Bay, Florida 33157 USA.