At healthCAR (“healthCAR,” the “Company”, “us”, “our,” or “we”), we are committed to providing vehicle service contracts to our customers, to keep their vehicles covered from the mechanical breakdowns. We aim to provide excellent service to all of our customers and visitors through our website, which includes myhealthCAR.com and our other affiliated websites (collectively, the “Website”), and the products and services we provide you through our Website and other means (collectively, “Services”).
We’ve drafted these Terms of Use (“Terms”) to tell you how you may use our Services – including our Website – and inform you of the rules that govern your use of our Services. Please read these Terms carefully before you access our Website, or use any of our other Services. These Terms apply to all users of our Website. If you do not agree with these Terms, please do not use our Website or other Services.
healthCAR and myhealthCAR.com are a part of Marathon Group. Please visit https://marathongroup.com/about/ for more information about Marathon Group and its services.
2. Description of Services
healthCAR provides vehicle service contract (“VSC”) solutions for you, our customer, though our Website. Towards that end, we allow you to view, learn about, and apply for VSC coverage that we make available to you through our Website. Additionally, some of our Website content is informational, and provided for your convenience. While we are committed to providing the best VSC solutions for you and all our customers, and the best information about the Services we offer through the Website, the inclusion of or linking to any advertisement, product, service, opinion or the like, or the mention thereof on our Website, does not imply any endorsement by healthCAR.
Please note that all features, content, and specifications of our Website or other Services are subject to change without notice.
While we strive to ensure that our Services and all other information we provide is complete, accurate, and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Website or Services. Additionally, our Website or Services may contain historical information for your reference which may not be current.
We also do not make any representations or warranties regarding any VSC products or Services offered or made available.
3. Who Can Use Our Services
All of healthCAR’s Services – including the Website – are intended only for those who are legally able and licensed to drive an automobile, and are not intended for or directed to anyone under 16 years of age. Therefore, no one under 16 years of age is allowed to create an account or otherwise register with healthCAR, apply for VSC coverage through our Website or other means, or otherwise use our Services. By using our Services, including the Website, you attest that you are over 16 years of age and that you are legally permitted to enter into a contract with healthCAR, and that you will comply with these Terms and all applicable local, state, federal, and international laws, rules, and regulations. By purchasing goods or services through healthCAR, you attest that you are able to form a legally binding contract with us.
4. Application and Registration with healthCAR
In order to apply for VSC coverage through the Website, we may require you to register with us and create a user profile. We will ask you to provide certain information about yourself – including your Personal Information as detailed in our Privacy Policy – when you apply for VSC coverage with healthCAR.
All information that you are required to provide at registration must be current, complete, and accurate. You are also responsible for ensuring that your account information is timely updated if it ever changes. In addition, you must keep and are responsible for keeping your sensitive information confidential. Please contact us immediately if you think your account has been compromised.
In using the Services, you agree that:
You are legally able to enter into a contract for VSC coverage.
You are seeking to apply for VSC coverage for yourself, or another person whom are legally permitted to enter into a contract on their behalf.
You will not buy, sell, rent, or lease access to your account in any way.
You will access the Website and Services through only those means authorized by healthCAR, and you will not log in or attempt to access the Website or Services through any unauthorized means.
By submitted this application you also agree to the TCPA Consent & Privacy Terms. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, Marathon Administrative, Inc., our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your vehicle, any existing, potential or future vehicle service contract or mechanical breakdown insurance, and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, vehicle service contract or mechanical breakdown insurance, your account, or to offer or sell you additional services, including but not limited to a vehicle service contract or mechanical breakdown insurance. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes. You agree to the above regardless of whether you are on any state or national do-not-call registries or lists.
5. Your Use of Our Services
a. What We Grant To You
healthCAR grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and limited license to access and use our Services, for the sole purposes of letting you use and enjoy the benefits of the Services – including to apply for VSC coverage from our Website – in a way allowed by these Terms and our other policies.
b. What You Grant to Us
You grant healthCAR an unrestricted, irrevocable, worldwide, royalty-free, perpetual, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the information you provide in relation to your use of this Website, apply for VSC coverage, or otherwise use our Services. We may use any content or other information that you provide in a number of ways, including but not limited to facilitating your application for VSC coverage through our Website, and using and sharing your information as needed for operating, developing, providing, promoting, and improving the Services.
In addition, you understand that any questions, comments, suggestions, ideas, feedback, or other submissions concerning our Website, products listed or offered therein, or otherwise related to our Services (collectively, “Submissions”) you provide to us are not confidential, and becomes our sole property. If you provide feedback, suggestions, ideas, or any other Submissions, including but not limited to business ideas and original works, you are granting healthCAR a worldwide, royalty-free, perpetual, fully sub-licensable, and irrevocable right to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Submissions. This means we can use the ideas you provide us without compensating or acknowledging you.
c. Your Behavior
You are ultimately responsible for all activity by you or that otherwise occurs under your account (even if that content or activity occurs from other individuals who have accessed the Website and other Services through your device or account).
By using the Services, you agree that:
You will not use the Website or any Services for any purpose that is illegal or otherwise prohibited in these Terms.
You will not use any automated means – such as any robot, spider, etc. – to access the Services or extract content or information.
You will not copy, modify, distribute, sell, or lease any part of our Website or Services.
You will not reverse engineer or attempt to extract the source code of the Website’s software.
You will not use or develop any third-party applications to interact with the Website or Services or other content or information, unless you have our written consent.
You will not use the Website or any Services in a way that could interfere with, disrupt, negatively affect, or inhibit other healthCAR’s users in fully using the Services, or our ability to maintain our Services.
You will not use the Website or any Services in a way that could damage, overburden, or impair the functioning of the Services.
You will not use or attempt to impersonate another person or otherwise conceal your legal identity (such as by using a pseudonym) when applying for VSC coverage with healthCAR or using our other Services.
You will not solicit other users’ account information and/or login credentials.
You will not share or send any content that is offensive or that contains pornography, graphic violence, threats, hate speech, or incites violence, or promotes any unlawful activity.
You will not use the Services in any way that violates healthCAR’s rights or those of any third party.
You will not compromise the security of the Services, including but not limited to uploading viruses or other malicious code.
You will not attempt to circumvent any content-filters or content-filtering techniques used by healthCAR.
You will access only those areas or features of the Services that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access.
You will not probe, scan, or test the security or vulnerability of our Services, including any healthCAR system or network.
You will not use the Services to send unsolicited or spam emails or messages to other users or to healthCAR, including to advertise or promote any product, service, or event.
You will not engage in any activity that violates these Terms, and you will not encourage any acts that violate these Terms.
d. Information You Share
As mentioned above, you can apply for VSC coverage through our Website. In order for you to do so, you will need to provide certain information – including your Personal Information – to us in order to process your application. Through your application, you authorize us to share your information which such designated parties necessary to fulfill your application. Please note that healthCAR does not collect or store your payment card, bank account, or payroll information in relation to your application. Instead we utilize third party payment service providers to facilitate the collection and processing of your financial information. Your financial information is not transmitted through or stored on our network.
Beyond applying for VSC coverage, healthCAR allows you to communicate with us through email and certain other means – for instance, to ask questions, provide feedback and suggestions, and the like. Further, there may be times when we ask you for your Personal Information (as defined in our Privacy Policy) in order to facilitate other certain Services – for instance, when you contact us with a question or request assistance with your account, we may ask for information to verify your identity, and your contact information so that we can contact you further if needed. When communicating with us, please do not share your Personal Information with healthCAR unless we specifically request it.
Any other communication or other material that you send to us is and will be deemed to be non-confidential. healthCAR has no obligation of any kind with respect to such information provided. Consequently, any Personal Information or other sensitive information that you choose to share in such communications may be viewable to others. Please do not include, add or otherwise share information that you would not want to be viewed by others, or otherwise made publicly available, such as your Personal Information, as part of any content that you share.
6. Privacy
Your privacy is important – both to you and to us. Please view our Privacy Policy to learn how your information is handled when you register for and use our Services.
7. Content, Intellectual Property & Others’ Rights
The Company name, “healthCAR.com”, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Except for posts, photos, text, graphics, videos, images and other content and materials which are provided by or otherwise the property of third parties, the information, photos, text, graphics, videos, tools, images, and all other content and materials (“Content”) provided by or made available through the Website and other Services is owned or licensed by healthCAR, and is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to the text, graphics, photos, interactive features, trademarks, service marks, and logos in our Services (“Marks”). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use our Content and Marks for any purpose whatsoever not permitted by these Terms.
We respect the intellectual property rights of others – including copyrights – and prohibit our users from using our Website or Services that violates those rights. As noted above, some of the content available through our Services may come from third parties. All other content, trademarks and copyrights that appear through our Services are the property of their respective owners. You agree that you will not use the Services in a way that violates or infringes upon someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
You may not use the Content, Marks, or Services, or the content of others, in ways that are not authorized by these Terms. We may prohibit you from using our Services if we believe that you are violating the intellectual property rights of others in your use of our Website or Services.
8. Email, Data Charges & Mobile Phones
Certain aspects of our Services may be used on mobile phones and devices. You are responsible for any data charges and other fees and charges that you may incur from your mobile service provider by using our Services. Please talk to your mobile service provider before using our Services if you have questions about possible charges you may incur by using our Services.
By using the Services, you agree that we may communicate with you by electronic means, such as through email, in relation to any purchases you make from healthCAR, your use of the Website, and in response to any inquiries you may make to us, among other situations. Please update your account if you change your email address or phone number to ensure that we do not send messages meant for you to others.
9. Third Party Services and Links
We may provide links to third party websites that may be of interest to you, such as your employer’s benefits portals. healthCAR is not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of such websites. These links are provided solely as a convenience to you and should not be considered an endorsement by healthCAR of these websites or of the companies who own or manage them. Each linked entity has its own privacy policies, terms and conditions, and other policies that govern your use of their website and services. Each linked entity is responsible for the correctness, completeness, legality and accuracy of its own website. As such, healthCAR makes no representation as to the accuracy or any other aspect of the information contained at such outside sites.
When you click on one of the provided links, you are leaving our Services to enter another site on the Internet. If you decide to access any of the third party sites linked to through our Services, you do so entirely at your own risk. Your use of a third party’s website or services is governed by the third party’s privacy policy, terms and conditions, and other policies. You agree that we are not liable for any harm or damages related to the purchase or use of goods, services, websites, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. You hereby waive any claim you might have against healthCAR with respect to these websites. healthCAR is not responsible or otherwise liable for a third party’s terms or policies, or for any actions taken under therein.
Additionally, healthCAR does not process and is not a party to or involved in any transaction for goods, products, or services you make with a third-party vendor whose website may be linked to from our Website. Transactions with third-party vendors may be processed by the third-party vendor itself, or by another payment service provider selected by the third-party vendor to process payments on its behalf. As mentioned above, any information that you provide to a third party while utilizing their website or service – including the third-party vendor or the payment service provider selected by the third-party vendor related to processing your transactions – will be governed by that third party’s policies and terms, and not healthCAR’s Privacy Policy or Terms.
10. Restriction, Modification, & Termination
If ever you decide you no longer want to be bound to these Terms, you can terminate these Terms for any reason by terminating your account and no longer using our Website or other Services.
We reserve the right to change, modify, or alter the content of the Website or Services offered, including the prices for VSC coverage or other products available, and to discontinue the availability of any product or Services (or any part thereof) at any time, without notice, and in our sole discretion.
We reserve the right to change, modify, terminate, or otherwise alter these Terms at any time at our sole discretion and without notice. Such modifications shall become effective immediately upon posting of the updated Terms. You must review these Terms on a regular basis to keep yourself apprised of any changes. healthCAR may terminate these Terms, with or without cause, at any time, without notice, and without penalty. You agree that healthCAR shall not be liable to you or any third party for any modification, termination, or alteration of these Terms. The following provisions shall survive any termination: Your Use of Our Services — What you Grant to Us; Disclaimers; Limitation of Liability; Indemnity; Choice Law and Jurisdiction; Severability; and Complete Terms.
We may also, in our sole discretion, terminate or restrict your use or access to our Website or Services (or any part thereof), for any reason, including, without limitation, where healthCAR believes you have violated or acted inconsistently with the letter or spirit of these Terms or other provisions, conditions, or policies of the Services.
11. Application Restrictions
We reserve the right to, in our sole discretion, refuse, limit, restrict, or cancel any application for VSC coverage you place with us. We may limit the quantity of coverage per person, per household, or per order. These restrictions may include applications placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or residential address. We reserve the right to limit, cancel or prohibit applications that, in our sole judgment, appear to be fraudulently made – for example, using another person’s identity to apply for VSC coverage.
You agree to provide current, complete and accurate information for all VSC applications made through our Website. You agree to promptly update your information, including your email address, so that we can complete your application and contact you as needed.
12. Indemnity
You agree to indemnify, defend, and hold healthCAR, its, subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonable attorneys´ fees) and other costs arising out of or relating to (a) your access or use of the Services; (b) your breach of these Terms or the documents it incorporates by reference; (c) your negligence or misconduct; or (d) a claim that your use of any Services infringes the copyright, trademark, trade secret, patent or other rights of a third party. healthCAR may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
13. Disclaimers
THIS WEBSITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE WEBSITE AND OTHER SERVICES PROVIDED BY healthCAR.COM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. healthCAR.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE CONTENT AND INFORMATION ON THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL healthCAR.COM BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF healthCAR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
healthCAR.COM TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT PROVIDED BY YOU, ANOTHER USER, OR THIRD PARTY THROUGH OUR SERVICES. healthCAR.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT MAY BE INAPPROPRIATE, OFFENSIVE, MISLEADING, ILLEGAL, OR OTHERWISE OBJECTIONABLE.
We do not warrant that the Services will be uninterrupted, timely, secure or error-free. There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through the Services. healthCAR is not responsible for the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, the content of the Services, or other any other website that may be linked to on through the Services. healthCAR is not responsible for and does not make any representations or warranties regarding the availability, quality, or quantity of any VSC coverage products, goods, information, Content, or other materials otherwise available through our Website or Services.
healthCAR does not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded, or distributed in this Website, or available through links on the Services. We reserve the right to correct any errors or omissions in the Services.
Although we take reasonable steps to prevent the introduction of viruses, worms, Trojans or other malicious software (“malware”) or other destructive materials to the Services, healthCAR does not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain such contaminating or destructive properties. You understand and agree that any Content, materials, files or information downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and that healthCAR is not liable for any damages or harm to your device or loss of data attributable to such Content, materials, files or information. If you rely on the Services and any materials available through the Services, you do so solely at your own risk. healthCAR is not responsible for any errors or omissions or for the results obtained from the use of any information provided on the Services.
You understand and agree that any Content, materials, or other information that you submit through the Website may be viewable and used by others.
14. Limitation of Liability
IN NO EVENT SHALL healthCAR.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF healthCAR.COM HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO healthCAR.COM´S SERVICES, THE USE OR THE INABILITY TO USE THE SERVICES, AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, EVEN IF healthCAR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF healthCAR.COM OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law. In no event will healthCAR’s aggregate liability for any and all claims related to the Services exceed $100 US or the amount you paid to healthCAR, if any, in the last 12 months, whichever is greater.
We take no responsibility and assume no liability for any content provided by you, another user, or third party through our services. healthCAR is not responsible for any content that may be inappropriate, offensive, misleading, illegal, or otherwise objectionable.
15. Preventing Unlawful Activity
We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that we will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct.
When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
16. Responding to Lawful Disclosure Requests
We may also be required to disclose your information in response to a lawful and enforceable request by law enforcement, judicial, or other public authorities, or in connection with an enforceable legal obligation. In such instances, we will disclose your Personal Information upon receipt of an enforceable court order, subpoena, or other lawful process, or where otherwise required by law.
17. Choice of Law & Jurisdiction
These Terms are governed by and construed under the laws of the United States of America, and the State of Texas, without reference to conflict of laws principles, except where preempted by U.S. federal law.
Any claims or disputes arising out of or relating to these Terms are also governed and construed by the laws of the United States of America, and the State of Texas. All disputes arising out of or related to these Terms and the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
18. Severability
If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
19. Complete Terms
Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and healthCAR. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced.
20. Contact Us
If you have any questions regarding these Terms or our practices, you can contact us at:
healthCAR
c/o Marathon Group
P.O. Box 961
O’Fallon, IL 62269
Email: contactus@myhealthCAR.com
Telephone: 800.205.8988
Effective Date: 12.26.2019