Terms of Use

At Take Command Health (Take Command Insurance Agency, LLC) our mission is to make you a smarter health insurance consumer. We support data-driven decision making and we use the information that you provide to us about your health insurance preferences, known care needs, medications, prescriptions, doctor preferences, etc. to recommend the plan that should provide an optimal outcome for you. Remember, the more accurate the information you give us, the better our recommendation will be.

We also know that life is unpredictable. (Isn't that why you buy health insurance in the first place?) Since we don't hold a crystal ball and have no way of knowing when you may end up with a surprise baby or an undesirable diagnosis, sometimes the plan we recommend may not end up being optimal for your new life situation. However, all the plans we offer include "minimum essential coverage" as defined by the Affordable Care Act and a maximum out of pocket limit.

Our website and blog are for informational purposes only and should not be used as a substitute for professional medical advice, treatment or diagnosis.  Always seek professional medical advice before altering any part of your medical treatment plan. Take Command Health is not a medical services provider, therefore any information contained on our site should not be considered professional medical advice.

All trademarks, brands, logos and copyright images are property of their respective owners and rights holders and are used solely to represent the products of these rights holders.

Take Command Health is a licensed Insurance Agency that operates under Texas Department of Insurance License #1955535.

Before using www.takecommandhealth.com ("the Site") please read the following Terms of Use in FULL. You are not allowed to use the Site unless you are willing to accept, agree and/or consent to everything covered in the Terms of Use provided:

Privacy Policy

Your use of the Site indicates your full and unreserved consent to the Site's Privacy Policy.

License to use the Site

All intellectual property rights including copyrights, patent rights, trademarks and any other type of property interest (past, present or future) are expressly reserved and retained by Take Command Insurance Agency, LLC ("the Company"). The Company grants our users a personal, limited, non-exclusive and non-transferable license to use the Site for your personal benefit on your own behalf.

Legal Capacity to Enter into a Contract

Our site is intended to be used by individuals 18 years of age or older who have the legal capacity required to form a binding contract. If you are not 18 years of age or older or if you do not have the legal capacity required to form a binding contract, you are not allowed to use the Site. Your use of the Site represents that you are both 18 years of age or older and have the legal capacity required to enter into a contract with us.

Only the legal guardian of a minor may enter information about that minor on our site and you must consent to the Site's Terms of Use on behalf of that minor in order to use the Site on their behalf.

Ownership Relinquishment of User Content

For the purposes of these Terms of Use, "User Content" is considered any information submitted to the Company through the Site. By providing the Company your User Content you hereby grant the Company with perpetual, irrevocable, royalty-free, worldwide, non-exclusive, transferable fully paid-up right and license to use, distribute, copy, reproduce and create derivative works of your User Content. However, the Company does not sell or redistribute any personal information.

By using the Site, you acknowledge that your User Content will be stored on our servers. We may associate your User Content with an identifier for your hardware or browser when you use the Site so that you do not have to enter your information again.

Restricted Use

As a user of the Site, you must not introduce any kind of malware, virus, worm or Trojan horse that can infiltrate our systems.

The Company retains the right to delete, suspend or restrict your access to the Site if we believe you have violated these Terms in any way.

Sharing of User Content

You may choose to send your results to yourself or share your results with others via email. By using this feature, you acknowledge and accept that your contacts will be given access to any User Content you submitted to the Site.

Transmission of Information to Insurance Carriers

By using the Site to enroll in insurance, you acknowledge and understand that we must send your sensitive information (including your social security number, date of birth and credit card and/or bank account information) to your desired insurance company in order for your policy to be issued to you.

In order for your insurance carrier to approve and issue you a policy, by enrolling through the Site we send carriers information including, but not limited to, the names, ages, location, marital status, smoking habits and social security numbers of anyone you are applying for coverage for.

By entering credit card and/or other financial information including bank account information and routing numbers, you represent and warrant that you are authorized to execute payment to the insurance carrier using that payment method. You also acknowledge and understand that the insurance carrier will be processing payment for your purchase and not the Company.

You understand that if you setup of an autopayment for your plan during the enrollment process through the Site but later discontinue payment to your insurance carrier at any time for any reason, your carrier may cancel your plan and the Company will not have any liability to you, even if substantial medical costs are incurred.

Broker of Record

By using the Site to enroll in your insurance plan, you are authorizing the Company to be your "broker of record" with your insurance carrier. As such, you consent to the Company's use of any and all information that you have provided to us for the purpose of acting as your intermediary between you and the insurance carrier.

Price Information is Subject to Change

Results generated through the Site to project health costs are estimates intended to educate and inform individuals regarding plan choices; however, the Site's estimates do not represent price guarantees. Due to the nature of how health services are incurred and billed, it is impossible to know or determine exact cost because services vary by location, provider, company and may be impacted by many other conditions and circumstances.

Advanced Premium Tax Credits can only be provided from the Health Insurance Marketplace. The site's tax credits should be used as a general guide only.

The Company makes extensive efforts to ensure that all information on our website is accurate; however, it is possible that information found on this website may be out-of-date as prices for many insurance products may change at any time without notice. Additionally, laws or other forms of regulation may impact the insurance costs or coverage provided. The Company does not guarantee or provide any warranty for price information, doctor networks or any other information on the Site.

Use of third party websites through the Site

The Site provides links to web properties owned and controlled by third parties and email communications may be distributed from the Company that direct you to web properties owned and controlled by third parties. When you are on websites outside the Site's primary domain (www.takecommandhealth.com) the third party is in full and complete control of the web content that you access and you are subject to their terms of use and privacy policy.

Use on a Mobile Devices

Use of the Site may be available through a mobile device. You agree that you are solely responsible for any applicable charges, updates and fees associated with the use of the Site on your mobile device. The Company makes no warranties or representations of any kind, express, statutory or implied as to: (i) any loss, damage, or other security intrusion of the telecommunications services; (ii) the availability or accessibility of telecommunication services from your provider at any time or from any location; and (iii) any information disclosure to third parties or failure to transmit any data, communications or settings associated with the services.

Limited Liability

TAKE COMMAND INSURANCE AGENCY, LLC NOR THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, AFFILIATES OR PARTNERS ("TAKE COMMAND HEALTH PARTIES") SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LIQUIDATED, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM (i) THE USE OF THE SITE OR SERVICES; (ii) THE INABILITY TO USE THE SITE OR SERVICES; (iii) ACCESS TO THE SITE OR SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS; (v) ANY AND ALL OTHER MATTERS RELATING TO OUR SERVICES, EVEN IF TAKE COMMAND INSURANCE AGENCY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SITE, INCLUDING ALL FUNCTIONALITY, AND TAKE COMMAND INSURANCE AGENCY, LLC'S SERVICES ARE TO BE USED, WITHOUT LIMITATION, ON AN "AS IS", "AS AVAILABLE"AND "WITH ALL FAULTS" BASIS AT YOUR OWN RISK. THE COMPANY DOES NOT WARRANT THAT (i) THE SERVICE WILL BE ERROR-FREE (ii) ACCESS TO THE SITE WILL BE AVAILABLE AT ALL TIMES (iii) THE SITE WILL MEET YOUR REQUIREMENTS AS A USER (iv) ERRORS OR DEFECTS IDENTIFIED ON THE SITE WILL BE CORRECTED (v) PRODUCTS OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR (vi) THE SERVICE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.

WHETHER ORAL OR WRITTEN, ANY ADVICE OR INFORMATION PROVIDED FROM OR THROUGH THE SITE OR FROM ANY TAKE COMMAND HEALTH PARTIES SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. ADDITIONALLY, MATERIALS DOWNLOADED OR OBTAINED FROM THE COMPANY THROUGH THE USE OF THE SITE OR THE SERVICES OFFERED BY TAKE COMMAND INSURANCE AGENCY, LLC IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY LIABLE FOR ANY DAMAGE DONE TO YOUR COMPUTER, DEVICE OR DATA.

Exclusions

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY WARRANTY, RIGHT, CONDITION OR LIABILITY WHICH MAY NOT BE LAWFULLY LIMITED OR EXCLUDED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU. THE COMPANY'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification 

You (and also any third party for whom you use the Site or services of the Company) agree to defend (at Take Command Insurance Agency, LLC's request), indemnify and hold the Take Command Insurance Agency, LLC harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or using the Company's services on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Take Command Insurance Agency, LLC in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Take Command Insurance Agency, LLC.

If you bring a lawsuit or motion (including claims in arbitration) against the Company in which the Company prevails, you agree be responsible for paying any costs the Company incurred as a result of your claims and attorney's fees.

Additionally, you agree that there shall be no third party beneficiaries to these Terms except as otherwise expressly provided in the Terms.

Time Limit on Claims

You agree that any claim you may have arising out of or related to your relationship with the Company must be filed within one year after such claim arose. If any claim is not filed within one year after such claim arose, your claim is permanently barred.

Arbitration

The Company has no obligation to resolve, and is not responsible for, any dispute between you and any third party even if the relationship between you and the third party originated through the Site or the services of the Company.

If you have a dispute with the Company including without limitation disputes related to these Terms of Use, your use of the Site, your use of the Company's services, and/or rights o f privacy, you agree to first attempt to resolve the dispute informally with the Company through an in-person, phone, and/or email exchange over a period of at least forty-five (45) days and you hereby expressly waive trial by jury. You can inform the Company of your dispute by contacting us through email at info@takecommandhealth.com.

Additionally, you and the Company agree that any arbitration between you and the Company (whether or not the dispute involves a third party) shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and the Company further agree that each may bring claims against the other only in your or its individual capacity, not as a class member or plaintiff in any representative proceeding or purported class.

You may opt out of this agreement to arbitrate and if you do so, neither you nor the Company can require the other to participate in an arbitration proceeding. To opt out of this agreement to arbitrate, you must notify the Company in writing within 30 days of the date that you first became subject to this arbitration provision. This address must be used to opt out of this agreement to arbitrate:

Take Command Insurance Agency, LLC;1910 Pacific Ave, STE 20000, Dallas, TX 75201.

In your notification, you must include your name, your phone number, your residence address and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable or void by any court or arbitrator, then all of the arbitration provisions set forth above will be deemed null and void.

The arbitration agreement set forth above will survive the termination of your relationship with the Company.

Governing Law and Jurisdiction

In the event that any action at law or in equity is required relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with the Company exclusively in a state or federal court located in Dallas, Texas and you submit to the personal jurisdiction of the courts located in Dallas County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be void, unlawful or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability and validity of any remaining provisions. The Company's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any right or provision. No waiver of any of these Terms of Use will be deemed as a further or continuing waiver of such term or condition or any other term or condition. The Company reserves the right to change this dispute resolution provision. Any such changes will not apply to disputes arising prior to the effective date of the amendment.

This dispute resolution provision will survive the termination of any or all of your transactions with the Company.

Entire Agreement

This Agreement (together with the documents referred to in this Agreement) constitutes the entire agreement between the you and the Company with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, oral or written. You also may be subject to additional terms and conditions from third-parties where the relationship originated through the Company.

Waiver and Severability of Terms

The failure of the Company to insist upon, exercise or enforce any right or provision of the Terms of Use shall not constitute a relinquishment or waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Including Without Limitation

The term "including" shall mean "including without limitation" as used in these Terms of Use.


Acceptance

Use of the Take Command Health website indicates your acceptance of the Take Command Health Privacy Policy and Terms of Use.  If you do not agree to our policies, do not use our service.  Any changes made to our Privacy Policy or Terms of Use will be posted on our website. We recommend that you read our Terms of Use and Privacy Policy each time you use our site and your continued use of our site indicates acceptance of any changes made to our policies.

The Company reserves the right to pursue any and all legal causes of action against you if we believe that you have violated these Terms of Use in any way.

The Terms of Use described here are effective as of October 25, 2015 and were written in English (US) and to the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.