Legal and Licensing

This website is owned and operated by BrokerFish LLC. (a Points Health Group company). By using any of our sites (the “Sites”), you agree to be bound by these Terms of Service, Intellectual Property Statement and our Privacy Policy (collectively the “Agreement”), as modified from time to time as set forth herein. By submitting any content or materials through the Sites, contacting BrokerFish through features of the Sites, or otherwise using the Sites, you agree that you have read, understood, and agree to be bound by all the terms and conditions of the Agreement. If you do not agree with any of the terms and conditions of this Agreement, please do not use the Sites. By continuing to use our Sites, you agree to be bound by any such revisions. We recommend that you visit often and print out the latest versions of the Privacy Policy and Terms of Service for your records. For your information, the date of the last update to these Terms of Service is posted at the bottom of this section.

The use of our Sites and the on-line services offered through the Sites are governed by this Agreement. You must be 18 years old or older to use our Sites. Unless otherwise indicated, any new products, services, Content (as defined below) or software added to our Sites will also be subject to this Agreement, effective upon the date of any such addition. All capitalized words used in the Agreement shall have the meanings set forth herein.

Please review our Privacy Policy and Intellectual Property Statement which also governs your visit to this web site and is hereby incorporated into this Agreement.

The purpose of this website and our other Sites is to provide you with information about insurance options and other products and services that may be available to you based upon information you have provided to us, and to provide you with an opportunity to interact with other users (our “Services”). Our Services include, among other things, providing you with comparative insurance rates from licensed international insurance providers that contract with BrokerFish. The information and materials provided on our Sites are for general reference purposes only and will not describe all the terms and conditions applicable to the insurance products and services you may be interested in. The premium rates shown on our Sites are for quoting purposes only, are not an offer of coverage, may not be current, and are not guaranteed. Final premium rates will be determined by the insurance company and are based on individual circumstances. As a result of underwriting, final premium rates may differ from quoted premium rates.

BrokerFish does not issue insurance contracts or bind coverage directly. We do not provide insurance, tax or financial advice nor do we guarantee that any of the agents, brokers and/or insurance companies that we will forward your information to will provide you coverage. All coverages are subject to the terms and conditions in insurance policies issued by our partners. Coverage and availability will vary from country to country and your individual circumstance.

While using the Sites, you may be asked to provide, or choose to provide on your own, information (your “User Information”). User Information that you may submit to us will be used to provide our Services and not for any other purpose not contained in this Agreement. For more information about what information BrokerFish collects from you, and how your User Information will be used and disclosed to others, please review our Privacy Policy, which is incorporated herein by reference, and these Terms of Service. In consideration of your use of the Services, you agree to provide true, accurate and current User Information as prompted by the required registration. If any User Information you provide is untrue, inaccurate or not current, or if BrokerFish has reasonable grounds to suspect that such information is untrue, inaccurate or not current, BrokerFish, at its sole discretion, has the right to refuse all current or future access to the Content and use of the Services or suspend any portion thereof. Further, you agree that BrokerFish will not be liable to you or any third party if BrokerFish terminates your access to the Services or Content for any reason. Our Sites are designed to promote our Services only in the United States. We invite only people of certain nationalities and countries of residence and deemed eligible to apply for a policy according to the relevant insurance provider’s terms and conditions to submit information to us through our Sites. By submitting information to us through our Sites, you represent, warrant, and agree that:

1. You are at least 18 years old;
2. You have verified your eligibility via your chosen insurance providers policy terms and conditions that you are eligible to apply for the policy, particularly regarding your nationality and resident country;
3. You consent to the transfer of your User Information outside of your home jurisdiction for processing; and
4. You are providing accurate and current User Information about yourself or your family members.

Your right to access and use BrokerFish.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use BrokerFish.com for lawful purposes.

Your access and use of BrokerFish.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of BrokerFish.com or other actions that BrokerFish, in its sole discretion, may elect to take.

See our Intellectual property statement.

The links from this Site to other websites are provided for your information and convenience only. The Company and its affiliated divisions does not assume any responsibility or liability with respect to any website linked from this Site (or any website linking into this Site), including its content and operation. While we do attempt to review the links that we provide, BrokerFish does not review or monitor all such links. Some websites may be outside your country and subject to different regulators and rules. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents or any products or services advertised or distributed through that website. The Company its subsidiaries, divisions, affiliates and representatives believes that the links which are provided to other publicly accessible websites, webpages, newsgroups and other sources is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. Without the written consent of the Company no person and no website may make a link to this Site, whether to its homepage or to any internal page.

No framing of this Site or any of its pages is permitted without the expressed written permission of BrokerFish.

The Sites provide certain features which enable users to upload content, which may include text, photos, or any other content submitted by you or other users through the Sites, including any User Information ("User Submissions"), and provide for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by BrokerFish. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not BrokerFish, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Sites. This also means that BrokerFish is not responsible to you for User Submissions submitted by other users of the Sites.

BrokerFish makes no representations that it will publish or make available on the Sites any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Sites, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, BrokerFish complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice.

You retain all of your ownership rights in original aspects of your User Submissions. By submitting User Submissions to BrokerFish, you hereby grant BrokerFish and its affiliates, sub-licensees, partners, designees, and assignees of the Sites (collectively, the "BrokerFish Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, modify, transmit, publicly display, and publicly perform your User Submissions and adaptations thereof for any purpose, and to collect, combine, aggregate, and analyze, data related thereto, in each case, in connection with the operation and promotion of the Sites.

You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (1) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize BrokerFish to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the Sites in the manner contemplated by these Terms of Service, and to grant the rights and licenses set forth above, and (2) your User Submissions, BrokerFish's or any BrokerFish Licensee's use of such User Submissions pursuant to these Terms of Service, and BrokerFish's or any of BrokerFish Licensee's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms of Service.

You grant the BrokerFish Licensees the right to use your name and/or likeness and/or any name and/or likeness that you submit in connection with your User Submissions (including any photo you may submit) if they should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, in connection with your name, a fictional name or persona, or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to any of your User Submissions. You hereby grant the BrokerFish Licensees a non-exclusive, perpetual license to print, publish, broadcast and use, worldwide, in any media and at any time, your name, and any picture, voice, likeness, and/or biographical information you submit to BrokerFish for promotional or commercial purposes without any prior approval or additional compensation.

The Company and its subsidiaries, divisions, affiliates or representatives is not obligated to monitor any submissions or transmissions to or through this Site or any website to which this Site links or that links into this Site. The Company and its subsidiaries, divisions, affiliates or representatives, however, reserves the right to monitor the same, including any chat rooms, forums or similar website features. You acknowledge that no obligation of any kind shall be attached to such information and that by submitting or transmitting such information, no confidential, contractually implied or other relationship is created between you and the Company.

The Sites may be used only for lawful purposes by individuals authorized to use the Sites and Services. You are responsible for your own communications and transmissions. You are responsible for the consequences of your communications and transmissions. VIOLATIONS OF SYSTEM OR NETWORK SECURITY MAY RESULT IN CIVIL OR CRIMINAL LIABILITY. WE WILL INVESTIGATE OCCURRENCES AND MAY INVOLVE, AND COOPERATE WITH, LAW ENFORCEMENT AUTHORITIES IN PROSECUTING THE USER OR USERS WHO ARE INVOLVED IN SUCH VIOLATIONS.

By using the Services you agree not to:

• use the Services for any purposes other than to access the Service as such Services are offered by BrokerFish;
• rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your credentials to the Sites or the Services, or any of the permissions granted herein or any Content;
• engage in spamming, harvesting e-mail addresses or other personal information (including User Information), sending unauthorized or unsolicited advertising, promotional materials, “junk mail”, “chain letters”, or any other form of solicitation;
• post any information which is incomplete, false or not your own;
• impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Service, misrepresent your identity or provide false or incomplete information about yourself, or perform any other similar fraudulent activity;
• access data not intended for you or log into a server or account that you are not authorized to access;
• delete indications or notices regarding the copyright or other proprietary rights on the Service;
• use the Service for or encourage conduct that would constitute any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• intentionally interfere with or damage operation of the Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, Trojan horse, adware, spyware, worms, or other malicious code;
• take any action that imposes or may impose (in BrokerFish's sole discretion) an unreasonable or disproportionately large load on BrokerFish's infrastructure;
• interfere or attempt to interfere with the proper workings of BrokerFish’s networks, systems, network security, the Service or any activities conducted on the Service; or
• bypass robot exclusion headers or other measures BrokerFish may use to prevent unauthorized access to the BrokerFish Service;
• post, publish, transmit, reproduce, distribute or exploit any information, software or other material obtained through this Site for commercial purposes without the prior written consent of the Company.

BrokerFish may terminate the right of any user to access the Web Site at any time, with or without cause, in BrokerFish's absolute discretion and without notice or liability to you. Any statement in the Terms of Use Agreement or elsewhere on the Web Site of specific grounds for termination of a user's right to access the Web Site shall in no manner limit BrokerFish's absolute right to terminate any user's access to the Web Site.

Through links, postings, articles, or other elements of the Sites, you may be informed of or receive access to third party services, products, offers, promotions, features, websites, resources, information and the like (referred to herein as “Third-Party Services”). While we strive to provide information regarding reputable and competent product and service providers, you acknowledge and agree that we are not responsible for the availability, quality, or performance of Third-Party Services, and we do not endorse and are not responsible or liable for any content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such Third-Party Services. BROKERFISH IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

The Sites may also contain hyperlinks to websites operated by Third-Party Service providers or other parties other than BrokerFish. Such hyperlinks are provided solely for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Sites or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites.

Permission must be granted by us for any type of link to the Sites. To seek our permission, you may write to us at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Sites, at our sole discretion at any time.

If you elect to open an on-line account through any of our Sites, we will be able to provide you with access to password protected portions of the websites. In order to open an on-line account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality and security of your password and account and for any and all activities that occur under your account. BrokerFish will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BrokerFish or other third party due to someone else using your account or password. You may not use anyone else's account at any time, without the prior express permission of that account holder.

You may have other agreements with BrokerFish. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with BrokerFish, or with any other division within BrokerFish.

BrokerFish reserves the right, at its discretion, to change, modify, add, or remove the terms of this Agreement at any time by posting the amended Agreement to the Sites. Please check back periodically for changes to the Agreement. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended. Your continued use of the Sites after the modified Agreement becomes effective constitutes your binding acceptance of such changes. Except as stated elsewhere, amendments to the Agreement will automatically be effective thirty (30) days after initially posted on the Sites, provided however that any dispute that arises under the Agreement shall be resolved according to the terms of the Agreement in place at the time the dispute arose. In the event that a change materially alters your rights or obligations, BrokerFish will use commercially reasonable efforts to notify you of the change, such as by posting a notification to the home page of the Site, or sending a notification to you at the address we have on file for you, if any.

BrokerFish reserves the right, at its sole discretion, to change, modify, add, or remove features of the Sites and to suspend or discontinue any aspect of the Sites at any time without notice to you, including Content (as defined below), hours of availability and graphics. We will not be liable to you or any third party for doing so. We may impose rules for and limitations on use of the Sites or restrict your access to part, or all of the Sites without notice or penalty. We have the right to change these rules or limitations at any time in our sole discretion.

THE SITES INCLUDING THEIR CONTENT AND MATERIALS ARE PROVIDED BY BROKERFISH ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITES, INCLUDING BUT NOT LIMITED TO, QUOTATIONS PROVIDED BY INSURANCE PROVIDERS, ACCESS TO DATA, DATA PROCESSING, ACCURACY, USEFULNESS OF CONTENT OR LOSS OF INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BROKERFISH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SITE INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BROKERFISH DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM BROKERFISH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. ANY LINKS TO OTHER WEB SITES ARE PROVIDED SOLELY AS A COURTESY. THEY ARE NOT INTENDED TO NOR DO THEY CONSTITUTE AN ENDORSEMENT BY BROKERFISH OF THE LINKED MATERIALS. BROKERFISH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF BROKERFISH IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, WE MAKE NO WARRANTY THAT THE CONTENT OF THE WEBSITE IS ERROR-FREE AND TIMELY WITH ALL UPDATES.

YOU AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. BY USING THE SITE, YOU ACKNOWLEDGE THAT BROKERFISH SHALL NOT BE LIABLE (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, COMMON LAW, STATUTORY, REGULATORY, CONSEQUENTIAL, COMPENSATORY, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. CONTENT, SOFTWARE AND TOOLS ON THE SITE PROVIDE YOU WITH ESTIMATES THAT MAY BE DIFFERENT THAN ACTUAL VALUES.

BrokerFish will hold you fully liable in all claims and losses resulting from your use or misuse of the Sites, including, but not limited to any activity related to account information (i.e. user name, password, health information, etc.). You agree to defend, indemnify and hold BrokerFish, its affiliates and their respective employees, directors, partners, contractors, officers, trustee, and other third parties assisting in the operation of the Sites, harmless from and against all claims, liabilities and expenses (including attorney's fees) that may arise from or relate to your use of the Sites, any account set up in connection with the Sites, User Information, your User Submissions (including without limitation any claims from third parties that your User Submissions violate or infringe the intellectual property, publicity, or privacy rights of such third party), violation of the rights of others and/or breach of this Agreement.

You agree the use of this site and this agreement shall be governed by and construed in accordance with the laws of Malaysia without giving effect to any principles of conflicts of laws. Please note that your use of the Sites may be subject to other local, state, national, and international laws. You expressly agree that the exclusive jurisdiction for resolving any claim or dispute with BrokerFish shall be subject to the exclusive venue of a court of competent jurisdiction in Kuala Lumpur, Malaysia. Should any provision of these Terms of Use be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

This Agreement, and your relationship with BrokerFish under this Agreement, shall be governed by the laws of Malaysia without regard to its conflict or choice of legal provisions. Any dispute with BrokerFish, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court and must be commenced within one (1) year after the claim or cause of action arose.

We are authorized and regulated by the Labuan Financial Services Authority (FSA). Granted under the Labuan FSA, we are legally authorized to arrange insurance contracts between customers around the world and international health insurance companies. Our license deems that we are only authorized to provide "administrative insurance services" and not other insurance services such as underwriting. Our insurance brokerage code is BS200863. The Authority publishes annually, no later than 31 March of each year a list of all existing insurance licensees as at 31st December of the preceding year and their license numbers in the "Gazette", and if any license is issued, revoked or surrendered, subsequent to such publication, the Authority shall cause to be published in the Gazette as soon as practical a revised list of all existing insurance licensees and their license numbers. Therefore verification that BrokerFish is a member of the Labuan FSA can be checked by obtaining a copy of the Labuan Gazette or by contacting the Labuan FSA on +6 087 591200. Alternatively you may email or write to them at the following address: Labuan Financial Services Authority (Labuan FSA), Level 17, Main Office Tower, Financial Park Complex, Jalan Merdeka, 87000 Labuan F.T., Malaysia.

A binding contract shall arise between the customer and the insurance company in relation to each international health insurance policy sold by BrokerFish. The insurance company will ratify and confirm if required the sale of the international health insurance policy following notification of that the customer’s application has been accepted by the insurance company and will supply and deliver the Product/Service to the Visitor in accordance with the terms stated in the insurance policy contract.

Amongst other legally binding rules, we are required by law to comply with the Labuan FSA “Conduct of Business" statement relevant to an offshore insurance broker:

• conduct our business with due diligence and care in accordance with sound insurance principles;
• follow accepted international accounting standards or such other standards as may be approved by the Labuan FSA;
• register all assets in our name, or in the name of a custodian or nominee for the Labuan insurer where assets are acquired in the name of such custodian or nominee, and in the case of bearer shares, hold them in safe custody;
• indicate clearly on our letterhead, stationery and other documents containing our name that it is licensed under this Act,

Additionally, there are other regulations which we draw your attention to that we are required to comply with:

• We shall not advertise or publish, in any form, information which is untrue or which is likely to mislead another person in relation to the written laws applicable to Labuan insurers and their related businesses and activities or that Labuan insurer’s financial status or insurance or reinsurance plans or any other matter in respect of our Labuan insurance business.

Further information regarding the rules and regulations that BrokerFish must comply with are detailed within the Labuan Financial Services and Securities Act 2010.

If you send BrokerFish or its employees any ideas for features, modifications, enhancements, refinements, products, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials ("Feedback"), then regardless of what your accompanying communication says, the following terms shall apply. By sending Feedback to BrokerFish, you agree that:

• BrokerFish has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
• Feedback is provided on a non-confidential basis, and BrokerFish is not under any obligation to keep any Feedback you send confidential or to refrain from using it in any way;
• You irrevocably grant BrokerFish and its successors and assigns permission to use, reproduce, modify, and distribute Feedback, and/or any product or service based on your Feedback, for any purpose and without restriction, including by making, selling, and promoting commercial products and services which incorporate or embody Feedback in whole or in part, or as modified, free of charge and without attribution of any kind; and
• BrokerFish may transfer or assign the rights you grant to BrokerFish hereunder without restriction.

If you wish to register a complaint then please contact use below:
[email protected]

BrokerFish LLC,
Brighton Place,
U0215 Jalan Bahasa, 87014,
Labuan FT, Malaysia.

This Agreement (including these Terms of Service, Intellectual Property Statement and the Privacy Policy and any other rules and guidelines published on the Sites) is the entire agreement between you and BrokerFish relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and BrokerFish with respect to said subject matter. This Agreement shall not be modified except in a writing signed by both parties or by a change to this Agreement as provided in the section entitled "Modifications", above. In the event any of the provisions of this Agreement are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the Agreement and the remaining provisions thereof shall remain in full force and effect. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision, and the failure of BrokerFish to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of this Agreement or any other notice, directive, or rule otherwise posted through the Sites shall constitute consent to any prior or subsequent breach. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BrokerFish as a result of this Agreement or use of the Sites. You further acknowledge that by submitting User Submissions, no confidential, fiduciary, contractually implied, or other relationship is created between you and BrokerFish other than pursuant to this Agreement. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BrokerFish without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of this Agreement shall be void. This Agreement is binding on your and our successors and permitted assigns. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement. Notices to you may be made via either email or postal mail; notice to BrokerFish must be by email to [email protected] or postal mail to Customer Service, BrokerFish, LLC. A Points Health Company, Brighton Place, U0215 Jalan Bahasa, 87014, Labuan FT, Malaysia.