Term of Service
Last Updated: July 10, 2019

Please read these Terms of Service (the “Terms”) prior to using any of our services provided including those located on the EnterMedicare, Inc. (“EnterMedicare”) website located at www.EnterMedicare.com (the “Site”). Collectively, all services offered through our software solutions provided through the Site or directly to customers are referred to as the “Services”.

Please read our Privacy Policy (“Privacy Policy”) for information on how EnterMedicare may collect or use any information provided as part of utilization of our Services. You acknowledge and agree that any use of any Services is subject to our Privacy Policy.

Agreement to Terms
By using any of our Services, you agree to be bound by these Terms. Any individual or person accessing or using EnterMedicare’s Services on behalf of another person or entity is representing and warranting that you have authority to bind that person or entity to these Terms.

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

YOU ASSUME ALL RISK AND LIABILITY ASSOCIATED WITH CHOOSING OR PURCHASING OR SWITCHING YOUR INSURANCE POLICIES OR PLANS BASED ON 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 modify any of the Terms at any time, in our sole discretion. Modifications to the Terms will be posted through this policy or through other communications at our sole discretion, and it is therefore important that any updated Terms are reviewed prior to using the Services.

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

General Terms
These Terms constitute a full and exclusive agreement between EnterMedicare and you regarding any possible use of our Services, 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 written understandings or agreement.

Because our Services are evolving over time, EnterMedicare may change or discontinue any part of the Services at any time at our sole discretion without notice.

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

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

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

If you do not agree to be bound by the Terms or any modified Terms, you may not use the Services any more.

Dispute Resolution
When you agree to these Terms, you are releasing any right to resolve disputes through a Court and are agreeing (with limited exceptions, as provided below) to resolve any disputes whatsoever between you and EnterMedicare through binding, individual arbitration.

These Terms will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California. The exclusive jurisdiction for all disputes that do not require any arbitration will be the state and federal courts in Los Angeles, California. You waive any objection to jurisdiction and venue for the location of such courts.

Dispute Resolution Process
Any and all disputes or claims relating to these Terms or relating to the use of EnterMedicare’s Services will be resolved solely by binding, individual arbitration. If for any reason, any disputes proceeds in court, you hereby waive any right to a jury trial.

As limited exceptions to the previous statement, you may seek to resolve any dispute in small claims court if it qualifies. EnterMedicare retains the right to seek injunctive or any other equitable relief from a court to protect our intellectual property rights.

You will retain the right to opt out of arbitration entirely and litigate any dispute if you provide written notice of your desire to do so by e-mail at legal@entermedicare.com or by regular mail at EnterMedicare, Inc., Attention: Legal (Arbitration Opt-Out), 3415 S. Sepulveda Boulveard, 10th Floor, Los Angeles, CA 90034, within thirty (30) days following the date you first agree to these Terms.

To start arbitrating any dispute or claim relating to these Terms or the use of EnterMedicare’s Services, a letter must be sent to: EnterMedicare, Inc., Attention: Legal (Arbitration Opt-Out), 3415 S. Sepulveda Boulevard, 10th Floor, Los Angeles, CA 90034. The letter must describe the dispute in question and request arbitration. If EnterMedicare chooses to begin arbitrating the dispute, a return letter will be sent to the address provided.

You and EnterMedicare hereby agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules) or a comparable arbitration association such as JAMS. These rules are available at www.adr.org or by calling 1-800-778-7879.

Payment of all filing, administration and arbitrator fees will be governed by AAA rules.

Who May Use the Services
You may only use the Services if you are capable of forming a binding contract with EnterMedicare, and are not barred from using the Services under any applicable law. You must be 18 years of age or older to use the Services.

Accounts and User Data
Certain Services involve the formation of an account (“Account”) whereby you provide EnterMedicare with certain information related to your use of Services including but not limited to name, e-mail address, date of birth and zip code. You agree that you are responsible for all activities made under your Account, and agree to ensure that information provided via the Account is accurate and up-to-date.

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

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

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

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

Intellectual Property
EnterMedicare and its licensors exclusively own all right, title and interest relating to intellectual property associated with its Services and Site. You hereby agree and acknowledge that the Services are protected by copyright, trademark and other laws of the United States and foreign countries.

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

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

Without our express written consent, you will not utilize, display, mirror or copy any of our intellectual property or Services for any reason.

Warranty and Disclaimers
All Services are provided by EnterMedicare on an “as-is” basis, without a corresponding or attached warranty of any kind. EnterMedicare explicitly disclaims any warranties including warranties arising out of ordinary course usage of Services and any warranties relating to merchantability or fitness for a particular use.

EnterMedicare makes NO warranties that the Services provided either through the Site or through other solutions will meet your requirements under any parameters including availability or accuracy.

For further clarification, EnterMedicare makes NO warranty regarding the quality, accuracy, timeliness, completeness or reliability of any information contained in the Services or Site.

Indemnification
You will indemnify and hold harmless EnterMedicare any any of its affiliates or stakeholders including directors, officers and employees permitted to receive your information under the EnterMedicare Privacy Policy from any claims, damages, disputes, liabilities in connection with the use or access to any of the Services and the Site, User Data and the use of, and your violation of any of these Terms.

Limitation of Liability
Neither EnterMedicare nor any of its affiliates nor any other party involved with the delivering of Services will be liable for any incidental, special, exemplary damages, lost profits, computer damage or system failure, loss of data, service interruption or cost of any substitute services arising in connection with these Terms or from the use of or inability to use the Services. In no event whatsoever with EnterMedicare or its affiliates’ total liability arising in connection with these Terms of from the use of or inability to use the Services exceed the amount you have paid to EnterMedicare to use the Services of one hundred dollars ($100), to the extent that there were no payments made or payment obligations to EnterMedicare, as applicable, for use of the Services.

The limitation of damages and indemnification terms set forth above are a fundamental part of these Terms agreed to between EnterMedicare and you.

Contact Information
EnterMedicare, Inc.
3415 S. Sepulveda Blvd, 10th Floor
Los Angeles, CA 90034
legal@EnterMedicare.com