Thank you for your interest in Easy Health, Inc. and our related entities (collectively, “Easy Health, ”“we,” or “us”). Easy Health provides the website at joineasyhealth.com (the “Website”), along with related websites and applications and communication channels (including online chat and telephone call centers) and facilitates services related to insurance agent and representatives, healthcare, marketing, management, and analytics (collectively, together with the Website, the “Services”).
These Terms provide that all disputes between you and Easy Health will be resolved by BINDING ARBITRATION. YOUAGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Please review Section 11 for the details regarding your agreement to arbitrate any disputes with Easy Health.
These Terms contain other important disclaimers. If you are not eligible to use our Services or agree to these Terms, or if you do not agree to the Terms, you may not use the Services.
1. OUR SERVICES
Easy Health provides insurance and healthcare related services where consumers and businesses can research and shop for various insurance, healthcare, and related products and services. Easy Health is not an insurance company and it is not a healthcare provider. It introduces users to insurance, healthcare providers, and related products offered by third parties and connects healthcare providers with our management services organization and related programs.
Easy Health does not endorse any particular insurance plan, provider, or agent or any particular healthcare services or provider. Any information provided about any specific insurance plan, provider, or agent or any healthcare service or provider shall not be construed as an endorsement by Easy Health.
2. YOUR USE OF THE WEBSITE
You must be at least 18 years of age to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms individually and on behalf of that organization.
If you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify usat firstname.lastname@example.org.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or service found on or obtained from the Website. No license or right in any copyright of Easy Health or any other party is granted or conferred to you.
By providing Easy Health with a telephone number and other contact information when registering for an account, you agree to receive communications, including via-email and calls (including text messages and calls made using an auto-dialer or prerecorded voice message), from or on behalf of Easy Health and its Affiliates at the email address or telephone number you provided, even if that number is on a National or State Do Not Call List.
Calls may be for information and marketing purposes, such as to provide you with information about Easy Health’s Services and your insurance and provider options, for assistance with applications and other inquiries, and to provide reminders of deadlines. You are not required to provide your consent to these calls as a condition of any purchase on or through Easy Health, and you may revoke any consent for marketing messages, phone calls or text messages as described below. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. Easy Health may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes.
If you wish to opt out of marketing emails, you can unsubscribe by following the unsubscribe options in the email itself. If you wish to opt out of texts, you may reply stop from the mobile device receiving the messages. If you wish to opt out of marketing calls or calls to a wireless number, then you may make a do not call request either during a call you receive from us or by calling back the phone number provided during the call. To opt out of such texts or phone calls, you may also email us at email@example.com with a request to stop receiving such texts or calls at a specified phone number.
You understand and agree that you may: (a) continue to receive communications while Easy Health processes your opt-out request, (b) receive a communication confirming the receipt of your opt-out request, and (c) after opting out of receiving marketing messages, continue to receive certain non-marketing communications by email or to a non-wireless number, such as confirmations or updates related to your account, insurance application or policy, or transactions through the Services.
You may correct or update your contact information, by contacting us at firstname.lastname@example.org. Additionally, once you have created an account with us online at www.joineasyhealth.com or one of our other sites on the Services that allow account creation, you may update your name, email address, phone number (if part of your account) and password by clicking on the “My Account” or “Log In” or similar link on the Website and signing in using your email address and password.
4. PROHIBITED CONDUCT
BY USING THE SERVICESYOU AGREE NOT TO: ·
· Submit false or misleading information;
· Use the services for any illegal purpose or in violation of any local, state, national, or international law, rule, or regulation;
· Violate any right of a third party, including by infringing or misappropriating any third-party intellectual property right or submitting any information without that party’s understanding and express consent;
· Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, hateful, or otherwise inappropriate;
· Interfere with the operation of the website and services or any user’s enjoyment of the services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b)making any unsolicited offer or advertisement to another user of the services;(c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the services, or violating any regulation, policy, or procedure of any such network, equipment, or server;
· Interfere with security-related features of the website and services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the website and services except to the extent that the activity is expressly permitted by applicable law;
· Commit any action which could give rise to civil liability; or
· Commit any action that interferes with, blocks, or otherwise harms the Website, Services or Easy Health.
5. THIRD-PARTY SERVICES AND LINKED WEBSITES
Easy Health may provide tools through the Services that enable you to export information to third parties, including to Affiliates. By using one of these tools, you agree that we may transfer that information to the applicable third-party service provider. Third party services are not under our control, and we are not responsible for any third-party service’s use of your exported information. The Services may also contain links to third-party websites, which are also not under our control, and you agree we are not responsible for their content.
6. ADDITIONAL TERMS
Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Supplemental Terms”),such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Services. All Supplemental Terms are incorporated bythis reference into, and made a part of, these Terms.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to indicate your assent to the modified Terms. Notwithstanding the foregoing, any use of the Services after the Terms are modified constitutes your acceptance of the modified Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
7. PROPRIETARY RIGHTS
The Services are owned and operated by Easy Health and its Affiliates. The Website contains and references trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of Easy Health. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Easy Health and/or other parties is granted to or conferred upon you. Third party logotypes, brand marks, and service marks are the property of their respective owners. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, Services, and all other elements of the Services (“Materials”) provided by Easy Health are protected by intellectual property and other laws. All Materials included in the Services are the property of Easy Health or our third-party licensors. Except as expressly authorized by Easy Health, you may not make use of the Materials. Easy Health reserves all rights to the Materials not granted expressly in these Terms. You may not establish a hypertext “link” to the Website and/or distribute, modify or re-use the text or graphics of the Website unless you obtain prior express written permission from Easy Health.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Easy Health an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and Services.
Easy Health reserve all the rights to the Website contents, and may at our discretion change the contents of the Website, or restrict access to certain sections of the Website, or to discontinue any aspect of the Services, including, but not limited to content, features, providers and hours of availability, without notice or penalty.
8. DISCLAIMERS OF WARRANTIES
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EASY HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE,OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, EASY HEALTH DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS,VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING THE WEBSITE OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER SERVICES USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
The Website and Materials are for informational purposes only. No Material is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. Easy Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, insurance coverage or other information that may be mentioned on the Services. Reliance on any information provided by Easy Health Parties or other visitors to the Services is solely at your own risk.
9. INDEMNIFICATION AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EASY HEALTH PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EASY HEALTH PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE AGGREGATE POTENTIAL LIABILITY OF THE EASY HEALTH PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. GOVERNING LAW
These Terms are governed by the laws of the State of California without regard to conflict of law principles. Subject to the arbitration provision in Section 11, if a lawsuit or court proceeding is permitted under these Terms, then you and Easy Health agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles, California for the purpose of litigating any dispute.
You and Easy Health agree that except where limited or prohibited by law, any dispute arising out of or in any way related to these Terms or your use of the Services will be resolved by binding arbitration by the American Arbitration Association(“AAA”). This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. If the dispute is finally resolved through arbitration in your favor, Easy Health will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Easy Health in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EASY HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You may opt out of this Arbitration provision by notifying Easy Health inwriting of your decision, either by sending, within thirty (30) days of the date you accept these Terms, (1) an electronic message to email@example.com,stating clearly your name and intent to opt out of the Arbitration provision or (2) a letter sent by overnight mail to: Legal, 9744 Wilshire Blvd, Suite 305, Beverly Hills, CA90212. You have the right to consult with counsel of your choice concerning this Arbitration provision, and will not be subject to retaliation if you exercise your right to opt out of coverage under Arbitration provision.
If this Section 11 is found to be unenforceable or you opt out of the arbitration clause as set forth above, the exclusive jurisdiction and venue described in Section 10 will govern any action arising out of or related to these Terms or your use of the Services.
13. CONTACT US
Last Updated: April 11,2022.