Terms of Service

Last Updated: January 10, 2020

Acceptance of Terms of Service

 

These Terms of Service (the “Terms”) areentered into by and between you and EnterMedicare, Inc. (“Company”, “we”,“our”, or “us”). The Terms govern your access to and use ofwww.EnterMedicare.com (the “Site”) and our desktop or mobile application (the“Application”) together with any content, functionality, and services offered onthe Site or Application (collectively, the “Services”), whether as a guest or aregistered user.

 

Please read these Terms carefully prior tousing our Services  By using the Servicesor by clicking to accept or agree to the Terms of Service when this option ismade available to you, you accept and agree to be bound and abide by theseTerms and our Privacy Policy, found at https://www.entermedicare.com/privacy.html,incorporated herein by reference. If you do not want to agree to these Terms ofService or the Privacy Policy, you must not access or use the Services.

 

THIS AGREEMENT REQUIRES THE USE OF ARBITRATIONON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND ALSO LIMITS THE REMEDIESAVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

 

These Services are offered and available tousers who are 18 years of age or older and reside in the United States or anyof its territories or possessions. By using these Services, you represent andwarrant that you are at least 18 years of age, can form a binding contract withthe Company, are not barred from using the Services under any applicable law. Anyindividual or person accessing or using EnterMedicare’s Services on behalf ofanother person or entity is representing and warranting that you have authorityto bind that person or entity to these Terms. If you do not meet all theserequirements, you must not access or use the Services.

 

You hereby acknowledge and agree thatEnterMedicare is not an insurance company and any content, literature, advice,suggestions, recommendations, comparison display, or information relating toinsurance offered by third parties is not a substitute for insurance.

 

YOU ASSUME ALL RISK AND LIABILITY ASSOCIATEDWITH CHOOSING OR PURCHASING OR SWITCHING YOUR INSURANCE POLICIES OR PLANS BASEDON ANY INFORMATION RECEIVED OR LEARNED FROM ENTERMEDICARE’S SERVICES.ENTERMEDICARE RETAINS NO LIABILITY WITH REGARDS TO ANY SUCH DECISION.

 

Changes to Terms or Services

 

You acknowledge that EnterMedicare may modifyany of the Terms at any time, in our sole discretion. Modifications to theTerms will be posted through this policy or through other communications at oursole discretion. Your continued use of the Services following the posting ofrevised Terms of Service means that you accept and agree to the changes. Youare expected to check this page from time to time so you are aware of anychanges, as they are binding on you.

 

If you do not agree with any changes made tothe Terms, you may not use the Services.

 

Accessing the Services

 

We reserve the right to withdraw or amendthese Services, and any service or material we provide on the Services, in oursole discretion without notice. We will not be liable if for any reason all orany part of the Services are/is unavailable at any time or for any period. Fromtime to time, we may restrict access to some parts of the Services, or all ofthe Services, to users, including registered users.

 

You are responsible for:

 

•           Makingall arrangements necessary for you to have access to the Services.

•           Ensuring that all persons who accessthe Services through your internet connection are aware of these Terms ofService and comply with them.

 

Accounts and User Data

 

Certain Services involve the formation of anaccount (“Account”) whereby you provide EnterMedicare with certain informationrelated to your use of Services including but not limited to name, e-mailaddress, date of birth and zip code. You agree that you are responsible for allactivities made under your Account and agree to ensure that informationprovided via the Account is accurate and up to date.

 

User Data (“User Data”) refers to any contentor information that you submit to EnterMedicare through the Services, includinginformation submitted as part of forming your Account.

 

EnterMedicare does not claim ownership rights inany User Data and nothing in these Terms will be deemed to restrict any rightsyou may have to use and exploit your User Data.

 

By making User Data available toEnterMedicare, you grant us a non-exclusive, transferable, worldwide,royalty-free license to use your User Data in connection with providingServices to you and other Account holders.

 

You are solely responsible for all of yourUser Data. You hereby represent that you have the right to grant us rights toyour User Data under these Terms. At any time and at your sole discretion, youcan opt out of any contact methods associated with User Data or Accounts and/orremove your User Data by e-mailing us at help@EnterMedicare.com.

 

Intellectual Property

 

The Services and their entire contents,features, and functionality (including but not limited to all information,software, text, displays, images, video, and audio, and the design, selection,and arrangement thereof) are owned by EnterMedicare, its licensors, or otherproviders of such material, and are protected by United States andinternational copyright, trademark, patent, trade secret, and otherintellectual property or proprietary rights laws.

 

No right, title, or interest in or to theServices or any content on the Services is transferred to you, and all rightsnot expressly granted are reserved by the Company. Any use of the Services notexpressly permitted by these Terms is a breach of these Terms and may violatecopyright, trademark, and other laws.

 

These Terms permit you to use the Services foryour personal, non-commercial use only.

 

Improper Use of Services

 

You hereby agree and acknowledge that you areforbidden from any (a) interference with or disruption of the access of anyEnterMedicare host or network via sending a virus or overloading, flooding,spamming or any process that is burdensome on our Services, (b) accessing orsearching through our Services other than through methods and processescurrently available and published by us, (c) accessing or tampering with anynon-public areas within our systems or technical providers and (d) using ourServices or Site or company intellectual property to in any way send altered ordeceptive communications to any third-party.

 

You hereby agree and acknowledge that you areforbidden from crawling or using any type of automated scripts to engage withour Services in any way whatsoever, other than in accordance with any expressprovisions of our robots.txt file.

 

Without our express written consent, you willnot utilize, display, mirror or copy any of our intellectual property orServices for any reason.

 

Links From the Services

 

If the Services contain links to otherwebsites and resources provided by third parties, these links are provided foryour convenience only. This includes links contained in advertisements,including banner advertisements and sponsored links. We have no control overthe contents of those websites or resources and accept no responsibility forthem or for any loss or damage that may arise from your use of them. If youdecide to access any of the third-party websites linked to these Services, youdo so entirely at your own risk and subject to the terms and conditions of usefor such websites.

 

Geographic Restrictions

 

The owner of the Services is based in thestate of California in the United States. We provide these Services for useonly by persons located in the United States. We make no claims that theServices or any of their content is accessible or appropriate outside of theUnited States. Access to the Services may not be legal by certain persons or incertain countries. If you access the Services from outside the United States,you do so on your own initiative and are responsible for compliance with locallaws.

 

Warranty and Disclaimers

 

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANYSERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THESERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THESERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANYWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANYPERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITHRESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, ORAVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THECOMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THESERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICESWILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BECORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES ORITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OREXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THECOMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS ORIMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFMERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIESTHAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

 

You will indemnify and hold harmlessEnterMedicare and its affiliates or stakeholders including directors, officers,employees and contractors permitted to receive your information under theEnterMedicare Privacy Policy from any claims, damages, disputes, liabilities inconnection with the use or access to any of the Services and the Site, UserData and the use of, and your violation of any of these Terms.

 

Limitation of Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NOEVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS,EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR OTHER PARTIES INVOLVED WITH THEDELIVERING OF SERVICES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY,CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISINGOUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANYWEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES,WHETHER BASED IN NEGLIGENCE OR OTHERWISE.

 

IN NO EVENT WHATSOEVER WILL ENTERMEDICARE ORITS AFFILIATES’ TOTAL LIABILITY ARISING IN CONNECTION WITH THESE TERMS OF FROMTHE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TOENTERMEDICARE TO USE THE SERVICES OVER 12-MONTH PERIOD, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITYTHAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Dispute Resolution

 

When you agree to these Terms, you arereleasing any right to resolve disputes through a Court and are agreeing (withlimited exceptions, as provided below) to resolve any disputes whatsoeverbetween you and EnterMedicare through binding, individual arbitration.

Anyarbitration under this Agreement will take place on an individual basis; classarbitrations and class actions are not permitted.

 

This agreement to arbitrate is intended to bebroadly interpreted. It includes, but is not limited to:

·      claims arising out of or relatingto any aspect of the relationship between us, whether based in contract, tort,statute, fraud, misrepresentation or any other legal theory;

 

·      claims that arose before this orany prior Agreement (including, but not limited to, claims relating toadvertising);

 

·      claims that are currently thesubject of purported class action litigation in which you are not a member of acertified class; and

·      claims that may arise after thetermination of this Agreement.

 

YOU HAVE THE RIGHT TO OPT OUT OF MANDATORYARBITRATION AND LITIGATE ANY DISPUTE IF YOU PROVIDE WRITTEN NOTICE OF YOURDESIRE TO DO SO WITHIN THIRTY (30) DAYS FOLLOWING THE DATE YOU FIRST AGREE TOTHESE TERMS, BY SENDING AN E-MAIL TO LEGAL@ENTERMEDICARE.COM OR BY REGULAR MAILAT ENTERMEDICARE, INC., ATTENTION: LEGAL (ARBITRATION OPT-OUT), 3415 S.SEPULVEDA BOULEVARD, 10TH FLOOR, LOS ANGELES, CA 90034. IF YOU FAIL TO SENDTHIS OPT-OUT NOTICE WITHIN THIRTY (30) DAYS FROM FIRST ACCEPTING THESE TERMS,ANY DISPUTE OR CLAIM BROUGHT BY YOU AGAINST ENTERMEDICARE MUST BE DONE THROUGHINDIVIDUAL ARBITRATION.

 

Dispute Resolution Process

 

To begin the arbitration process, notice mustbe given via a certified letter (“Notice”), sent to: EnterMedicare, Inc., Attention:Legal (Request for Arbitration), 3415 S. Sepulveda Boulevard, 10th Floor, LosAngeles, CA 90034. The Notice must (a) describe the nature and basis of theclaim or dispute; and (b) set forth the specific relief sought("Demand"). If EnterMedicare and you do not reach an agreement toresolve the claim within 30 days after the Notice is received, you or EnterMedicaremay commence an arbitration proceeding. Unless EnterMedicare and you agreeotherwise, any arbitration hearings will take place within 25 miles ofEnterMedicare’s headquarters in Los Angeles, California. If your claim is for$10,000 or less, we agree that you may choose whether the arbitration will beconducted solely based on documents submitted to the arbitrator, through atelephonic hearing, or by an in-person hearing as established by the AAA Rules.

 

You and EnterMedicare hereby agree that thearbitration will be conducted by the American Arbitration Association (“AAA”)under its Consumer Arbitration Rules (“AAA Rules) or a comparable arbitrationassociation such as JAMS. These rules are available at www.adr.org orby calling 1-800-778-7879. Payment of all filing, administration and arbitratorfees will be governed by AAA rules.

 

This Agreement evidences a transaction ininterstate commerce, and thus the Federal Arbitration Act governs theinterpretation and enforcement of this arbitration provision. This arbitrationprovision shall survive termination of this Agreement.  

 

TO THE EXTENT ALLOWED BY LAW, ANY CAUSE OFACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THESERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTIONACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

EnterMedicare retains the right to seekinjunctive or any other equitable relief from a court to protect ourintellectual property rights, and such actions are not subject to arbitration.For any claims or actions not subject to arbitration, the interpretation andenforceability of these Terms and the related dispute shall be governed by the lawsof the state of California, and the exclusive forum will be the courts locatedin Los Angeles, California.  Both partiesagree to submit to such forum and waive any defenses related to personaljurisdiction.  

 

Miscellaneous

 

You may not assign or transfer these Termswithout EnterMedicare’s prior written consent. EnterMedicare may freely assignor transfer these Terms without restriction.

 

For any notices relating to these Terms,including for modification, you agree that sufficient notice to be provided byEnterMedicare includes updates via e-mail or by posting to this page or otherareas of display within the Services. You agree that the date of receipt ofsuch notices will be deemed the date on which such notice is transmitted.

 

EnterMedicare has the right to enforce anyright or provision within these Terms, and any failure to enforce any right orprovision within these Terms will not be considered a waiver.

 

These Terms constitute a full and exclusiveagreement between EnterMedicare and you regarding any possible use of ourServices, whether on our Site or in any other form. Unless explicitly stated,these Terms govern the use of Services and supersede any prior oral or writtenunderstandings or agreement.

 

Contact Information

 

EnterMedicare, Inc.

3415 S. Sepulveda Blvd, 10th Floor

Los Angeles, CA 90034

legal@EnterMedicare.com