Terms and Conditions & Privacy Policy

Who we are

Our website address is: https://bmicalc.com

TERMS AND CONDITIONS AND PRIVACY POLICY OF BMICalc.com WEBSITE ACCESS AND USE

PRIVACY STATEMENT

Wellpoint Health Solutions values its customers and all technically feasible steps are taken to protect their privacy. In general, when you visit our web site and access information, you remain anonymous. Collected information is used to respond to online queries, gather account information, supply requested information on WHS’s products and services, ship ordered products, establish approved links, and for internal market analysis. We do not sell or rent personal information to third parties.

Our web servers collect the domain names of visitors to our sites. This information is aggregated to determine the number of visits, average time spent on our web site, the pages viewed by visitors, and other similar information. We use this information to measure web site usage and to improve the content and value of our web site. Some of our web pages may contain “cookies,” which send and store data on your web browser. These are temporary cookies which will expire when you close your browser, and are only used to serve you better while you are using our site. Most web browsers can be configured to not accept cookies, or to notify you if a cookie is sent to you.

This web site may contain links to other third party sites. We take steps to link only to sites that share our high standards and respect for privacy. However, we are not responsible for the privacy standards and practices of third parties. Wellpoint Health Solutions strives to keep online visitor information secure against unauthorized access and use. We may update this policy from time to time and revisions will be posted to this web site.

Wellpoint Health Solutions does not intend to collect personally identifiable information from children under age 18 without permission of the child’s parent or legal guardian. Children under the age of 18 should submit personally identifiable information to Wellpoint Health Solutions only with the explicit permission of their parent or legal guardian. If your child has submitted personal information and you would like to request that such information be removed, you may do so by contacting the Sales and Marketing Manager at Wellpoint Health and reasonable efforts will be used to comply with your request.

DISCLAIMERS

This contract specifically modifies the time you may bring suit as a result of any possible liability we have in association with the sale of any of our products. This contract also requires arbitration and has a liquidated damages clause limiting how you can file suit and the amount of damages for which we can be liable. You specifically agree to these changes no matter what your states product liability or other statutes say and agree that these changes are reasonable.

Nothing on this web site will be construed as conferring any license of or by Wellpoint Health Solutions, rights or any third party rights. Although the information is provided on this server to anyone, we retain the copyright on all text and graphic images. This means you may not distribute the text or graphics to others without the express written permission of Wellpoint Health Solutions or modify or re-use the text or graphics without the express written permission of Wellpoint Health Solutions. It is expressly forbidden to use either Wellpoint Health Solutions URL, meta-tags, or other embedded web site information to effect any “matchmaker” advertising by third parties, or to act as a conduit for others to effect the same result. You may print copies of the information for your own personal use as well as distribute the product catalogs in pdf format

WELLPOINT HEALTH SOLUTIONS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES “HOT LINKED” TO OR FROM THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WELLPOINT HEALTH SOLUTIONS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF WELLPOINT HEALTH SOLUTIONS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ALL SUCH DISCLAIMERS INCLUDE, BUT ARE NOT LIMITED TO UCC § 2-314, 2315, 2316
ANY CLAIM RELATED TO THE INFORMATION ON THIS WEB SITE WILL BE GOVERNED BY THE LAWS OF VIRGINIA WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEB SITE, THE PARTIES IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE COURTS IN LOUDON COUNTY IN THE STATE OF VIRGINIA, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A STATE CLAIM INVOLVING THIS AGREEMENT OR WEB SITE AND TO THE FEDERAL DISTRICT COURTS, STATE OF VIRGINIA, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A FEDERAL CLAIM INVOLVING THIS AGREEMENT OR WEB SITE.
WELLPOINT HEALTH SOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF SEASTRUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EVEN IF THAT DAMAGE IS FORESEEABLE AND SEASTRUMS ACTS OR FAILURE TO ACT IS NEGLIGENT, WILLFULLY NEGLIGENT OR EVEN ARGUABLY INTENTIONAL. ALL PRODUCTS ARE BEING SOLD “AS IS.” THERE SHALL BE NO THIRD PARTY BENEFICIARIES OR REMOTE PURCHASERS OF ANY SALES.
NOTWITHSTANDING THE OTHER PROVISIONS OF THIS CONTRACT, IF SEASTRUM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, WELLPOINT HEALTH SOLUTIONS’S LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO WELLPOINT HEALTH SOLUTIONS IN ASSOCIATION WITH YOUR CLAIM PLUS US$100.00 AS LIQUIDATED DAMAGES. TERMINATION AND AMENDMENT

Your privilege to use or access the Site may be terminated by Wellpoint Health Solutions immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that Wellpoint Health Solutions reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site. You understand that Intuit may exercise this right in its sole discretion. Wellpoint Health Solutions reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof). Wellpoint Health Solution shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein. You agree to defend, indemnify and hold Wellpoint Health Solutions and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.

ARBITRATION

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND QS ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING .

MISCELLANEOUS

Except as expressly set forth in these Terms, these Terms are a complete statement of the agreement between you and Wellpoint Health Solutions, and set forth the entire liability of Wellpoint Health Solutions and its Suppliers and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Terms and any other agreement, these Terms shall prevail. The Suppliers, agents, distributors, dealers, and employees of Wellpoint Health Solutions are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on Wellpoint Health Solutions. Any waiver of the terms herein by Wellpoint Health Solutions must be in a writing signed by an authorized officer of Wellpoint Health Solutions and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Intuit may have under trade secret, copyright, patent or other laws.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This agreement constitutes the entire agreement between you and Wellpoint Health Solutions.