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Effective as of 10/25/2021

Terms of Use, in General 

Before using www.takecommandhealth.com (the “Site"), or receiving any services from Take Command Health please read the Terms of Use in FULL.  The Terms of Use is a legal agreement made between Take Command Health (“Company”, “we”, “us” and “our”) and the user of the Site (“you” and “your”) and governs your use of the Site and any services provided to you by us (collectively, the “Services”).  As used hereunder, you and us collectively shall be referred to as the “Parties” and each individually as a “Party.”  By using the Services, you consent to the Terms of Use.  Do not use the Services, including pursuant to any agreements that you enter into in connection with such Services (each, an “Agreement”) unless you agree to all of the provisions of the Terms of Use.  The Terms of Use shall be applicable to any agreements that you execute in connection with the Services, and shall be deemed to be incorporated into any such agreements. 

At Take Command Health (Take Command Insurance Agency, Inc., doing business as Take Command Health), 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. See additional licensing information here. 

Privacy Policy

Your use of the Services indicates your full and unreserved consent to the Privacy Policy, which are incorporated into these Terms of Use by reference. 

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  the Company. The Company hereby 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 

The Services are intended to be used by individuals who are at least 18 years of age (or any older age of majority required by any state) who have the legal capacity required to form a binding contract. If you are not at least 18 years of age, or if you do not have the legal capacity required to form a binding contract, you are not allowed to use the Services. By using the Services, you represent that you are at least 18 years of age 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.  By using the Services on behalf of a minor, you consent to the Terms of Use on behalf of that minor. 

Notice and Communication 

You consent to us providing communications or legal notices related to the Services (collectively, “Notices”) to you electronically and understand that this consent has the same legal effect as a physical signature. 

We will provide Notices regarding activity and alerts electronically through email and/or via text or SMS to the contact information provided to us by you. Notices affecting payment, legal terms and other important Notices related to the Services will be sent by email and are considered received 24 hours after they are sent.  

Notices sent by text or SMS may include alerts about Services or transactions, and may require you to respond with information.  We may also send SMS messages to allow us to verify your identity, to provide other information, and for other purposes that we identify.  

You understand that you may not use the Services unless you consent to receive Notices electronically. You may only withdraw consent to receive Notices electronically by ceasing to receive Services. 

If you have any questions regarding privacy, please read our Privacy Policy.  

You are responsible for all costs imposed by your Internet or mobile service providers for sending or receiving Notices electronically. Contact us immediately if you are or believe you are having problems receiving Notices. 

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. 

With respect to any User Content, you represent and warrant that: 

  • You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use, User Content;  
  • You have been authorized, by all required legal action, to input User Content into the Site and to have User Content stored by the Site; 
  • We are authorized to use User Content to provide the Services to you; 
  • User Content, and the use thereof as contemplated herein, does not and will not 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;  
  • You privacy policies and practices allow you to provide User Content to us, and do not prohibit or conflict with our ability to use, store, and disclose such User Content as set forth in this Terms of Use. 

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. 

The Services are not intended to be a failsafe data warehouse or data back-up solution. In the event of any loss or corruption of User Content, we shall use commercially reasonable efforts to restore the lost or corrupted User Content from the latest backup of such User Content maintained by us.  You acknowledge that full restoration of User Content may not be possible under all circumstances. 

Restricted Use 

You shall not interfere with or disrupt the Services or attempt to gain access to any systems or networks that connect thereto (except as required to access and use the Services). You shall not allow access to or use of the Services by anyone other than you. You shall not: (i) copy, modify or distribute any portion of the Services, including without limitation, through screen scraping or the use of automated scripts or procedures; (ii) download, copy, remove, or otherwise transfer from the Services any Materials; (iii) rent, lease, or provide access to the Services on a time-share or service bureau basis; (iv) transfer any of your rights hereunder; (v) introduce any kind of malware, virus, worm or Trojan horse that can infiltrate our systems. 

We may immediately suspend or terminate your access to the Services, by written notice to you, in the event that (i) we determine that you have breached this Terms of Use; (ii) we determine on the basis of reasonable evidence that the Services are being used for fraudulent or criminal activities, or in violation of any applicable law or regulation; or (iii) in the event that a governmental, legal or other law enforcement authority so requires or instructs us to terminate or suspend services to you. In the event we suspect or anticipate such termination, we will, to the extent practical under the circumstances, use commercially reasonable efforts to provide you with prior written notice of the same and an opportunity to cure the same prior to (and in avoidance of) termination. You acknowledge that under certain circumstances such prior notice and/or cure period may not be possible or practical. 

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 consent to us sending your personal 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 providing 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, and not the Company, will be the merchant of record for your purchase. 

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, or a third party with whom we partner, to be your "broker of record" with your insurance carrier. As such, you consent to the use of any and all information that you have provided to us, by the Company or such third party, for the purpose of acting as your intermediary between you and the insurance carrier. 

General Disclaimer; Price Information is Subject to Change 

The Company makes no representations or warranties of any kind whatsoever, express or implied, in connection with this Terms of Use or the Services. Without limiting the foregoing, we disclaim any warranty that the Services will be error free or uninterrupted or that all errors will be corrected. We further disclaim (i) any and all warranties with respect to the Services as to merchantability, accuracy of any information provided, or fitness for a particular purpose, or non-infringement, and (ii) any and all warranties arising from course of dealing or usage of trade. No advice or information, including, without limitation, tax advice and reporting responsibilities, whether oral or written, obtained from us or elsewhere shall create any warranty not expressly stated in this Terms of Use. In jurisdictions that by law do not allow the exclusion of certain warranties in certain circumstances, the disclaimers in this Section XI shall be construed to comply with such applicable law. 

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 

The Site may provide links to websites owned and/or 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.  We are not responsible or liable for the availability, accuracy, completeness, or reliability of third party content or for damages, losses, failures, or problems caused by, related to, or arising from such third party content or the products or practices of third parties. 

Payments Functionality 

In order to use the payment functionality of our application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through the Dwolla Account are held or transferred by Dwolla’s financial institution partners, as described in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information, including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through the Take Command application, and Dwolla account notifications will be sent by Take Command, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at takecommandhealth.com/help and/or help@takecommandhealth.com. 

Please note that we make no representations or warranties about the services provided by Dwolla, as referenced in this Section XIII.  You hereby acknowledge and agree that we shall not be responsible for any of the services provided to you by Dwolla, despite that such services may be provided through the Site, or in connection with our Services. 
 
This only applies to users who are utilizing our Payments functionality. 

Use on a Mobile Devices 

Use of the Services 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 Services 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 intrusions 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. 

Record Retention

Each Party shall take reasonable steps to preserve and maintain all records relating to the Services provided hereunder, which Records shall be retained in accordance with the applicable Party’s record retention policies and procedures.  With respect to the prosecution or defense of (i) any governmental audit, (ii) legal action that is pending or threatened, and of which a Party has notified the other Party, or (iii) legal action of which a Party has given the other Party reasonable notice, each Party shall maintain any records and any other materials related to any of the foregoing until otherwise directed and authorized by the requesting Party.   

Audit

Each Party acknowledges and agrees that certain government departments and regulatory, statutory and other entities, committees and bodies which, whether under statute, rule, regulation, code of practice or otherwise, are entitled to regulate, investigate or influence any matters within this Agreement or any other affairs of the other Party (collectively, “Regulatory Bodies”) from time to time require the right, whether by virtue of law, code of conduct or otherwise, to investigate the affairs of such other Party; and accordingly, each Party shall provide such access, information and assistance as is reasonably requested by such other Party, and at such other Party’s sole cost and expense, in order to fulfill such requirements, during normal business hours and in a manner designated to minimize disruption to the audited Party’s ordinary business activities.  If the audited Party considers that any such requirement relates to information which is confidential to such Party, such audited Party shall have the right to disclose the information directly to the Regulatory Body without having to disclose it to the auditing Party. 

Ownership of Data and Intellectual Property

Unless otherwise agreed in writing by the Parties, we shall be the sole and exclusive owner of all intellectual property we create, and you shall be the sole and exclusive owner of all intellectual property you create.   

Except as may be expressly provided otherwise herein, neither this Terms of Use nor the provision of Services, in or by themselves, shall affect the ownership of any data used or generated pursuant to any Agreement or any of the Services performed hereunder.  Each Party shall remain the sole and exclusive owner of any data owned by such Party that may be provided to the other Party for use as part of or pursuant to this Terms of Use or any Agreement.  

You acknowledge that all documents and other materials provided to you by us are our sole and exclusive intellectual property.  You may use the materials for the purposes intended under any and Services or Agreement and for no other purposes.  You may not create derivate works, distribute, or otherwise use such documents and materials for anything other than the performance of your obligations in connection with the Services or under any Agreement. 

Except as expressly set forth in this Agreement, neither Party grants any license hereunder, express or implied, under its intellectual property, to the other Party.  Each Party hereby grants to the other Party, as applicable, a non-exclusive, non-sublicensable, non-transferable, limited license to use during the provision of the Services intellectual property (other than trademarks) owned by such Party that is reasonably necessary to permit such other Party to provide or receive Services hereunder, and only for use in connection with such provision or receipt of Services. 

Confidential Information   

In General.  Each Party shall keep confidential and shall not make available or disclose Confidential Information of the other Party to any third party, or make or permit any use of such Confidential Information without the prior written consent of the other Party.  Notwithstanding the foregoing, Confidential Information of the other Party may be disclosed on an as needed basis to personnel of the receiving Party as required for the purpose of fulfilling the receiving Party’s obligations or exercising its rights under this Terms of Service or any Agreement; provided, that each Party shall be responsible for any unauthorized disclosure of such Confidential Information by its personnel.  Each Party shall take reasonable steps to ensure that any such Confidential Information disclosed to any such personnel in accordance with this Section XVIII is treated as confidential by such personnel and shall require each of its personnel to: (a) enter into a written confidentiality agreement which imposes confidentiality obligations no less protective of the Confidential Information than those imposed under this Section XVIII; or (b) otherwise be obligated to maintain such Confidential Information in confidence.  Each Party may use, disclose, receive and maintain Nonpublic Personal Information obtained from the other Party only as necessary for the specific purpose for which such Nonpublic Personal Information was disclosed to such Party and only in accordance with this Terms of Use, any applicable Agreement, and all applicable Laws.  For purposes of this Section XVIII, “Confidential Information” shall mean all information and material of a Party or its affiliates that (x) is or has been disclosed by such other Party or its affiliates under or in connection with the Services, whether orally, electronically, in writing or otherwise, including copies, (y) is or has been learned, acquired, or generated by such party in connection with the Services, and/or (z) constitutes Nonpublic Personal Information, and Nonpublic Personal Information” or “NPI” shall have the meaning ascribed to such term in Title V of the Gramm-Leach-Bliley Act of 1999 (or any successor U.S. federal law). 

Permitted Disclosures.  The provisions of this Section XVIII shall not apply to any Confidential Information which: (a) is or becomes commonly known to the public other than by breach of any Agreement, or any other agreement that a Party has with any other party; (b) is obtained from a third party who is lawfully authorized to disclose such information free from any obligation of confidentiality; or (c) is independently developed without reference to any Confidential Information of the other Party. 

Disclosure in Compliance With Law.  Nothing in this Article XVII shall prevent either Party from disclosing Confidential Information of the other Party where it is required to be disclosed by judicial, administrative, governmental or regulatory process in connection with any action, suit, proceeding or claim or otherwise by any law; provided, however, that a Party that is so required to disclose such Confidential Information shall, if legally permitted, give the other Party reasonable prior notice as soon as possible of such required disclosure so as to enable such other Party to seek relief from such disclosure requirement or measures to protect the confidentiality of the disclosure.   

Unauthorized Disclosures.  Each Party shall immediately notify the other Party if it becomes aware of the possession, use or knowledge of any of such other Party’s Confidential Information by any person not authorized to possess, use or have knowledge of such Confidential Information and shall at the request of such other Party provide such reasonable assistance as is required by such other Party to mitigate any damage caused thereby. 

Security Events.  Each Party shall maintain a documented and tested incident handling program, and ensure that all instances in which Confidential Information of the other Party has been disclosed to or accessed by an unauthorized Person (each, a “Security Event”) are considered incidents as pertains to such Party’s incident handling program.  If a Party learns, or has reason to believe that a Security Event has occurred, such Party shall follow its normal response procedures in connection with such disclosure or access and, to the extent permitted under applicable Law.  Each Party shall notify the other Party of any material changes made to such response procedures following the Effective Date.  In connection with any Security Event which the affected Party could reasonably expect to be material to the other Party’s business, or which triggers obligations to disclose a breach relating to Nonpublic Personal Information under applicable laws, the affected Party shall reasonably cooperate and coordinate its response to such Security Event with the other Party, and, to the extent permitted under applicable Law, provide such other Party with information concerning the Security Event requested by such other Party. 

Nonpublic Personal Information.  Each Party shall, and shall cause its personnel to, keep NPI of the other Party confidential.  Each Party shall use, disclose, receive and maintain NPI of the other Party only as necessary for the specific purpose for which the NPI was disclosed to such Party and only in accordance with the Services, GLBA, HIPPA, and any other applicable Law.  Each Party shall, and shall cause its personnel to, apply to the NPI of the other Party the same security measures that such Party applies to its own NPI. 

Injunctive Relief.  Without prejudice to any other rights or remedies that a Party may have, each Party acknowledges that the other Party may not have an adequate remedy at law for any breach by such Party or its personnel of the provisions of this Section XVIII, and that therefore any such other Party shall be entitled to equitable relief including injunctive relief.  Each Party shall provide reasonable assistance at its own expense or to join at the request of the other Party in any action against any of such Party’s personnel where such other Party is seeking equitable relief, including injunctive relief, for any such breach. 

Limited Liability 

NEITHER THE COMPANY NOR THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, AFFILIATES OR PARTNERS OF THE COMPANY ("COMPANY 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THE SITE, INCLUDING ALL FUNCTIONALITY, AND THE 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. 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING WARRANTIES WITH RESPECT TO MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY SOFTWARE OR HARDWARE PROVIDED HEREUNDER, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. 

WHETHER ORAL OR WRITTEN, ANY ADVICE OR INFORMATION PROVIDED FROM OR THROUGH THE SITE OR FROM ANY COMPANY 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 THE COMPANY 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 Services) agree to defend (at Company’s request), indemnify and hold the Company 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 the Company 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 the Company. 

If you bring a lawsuit or motion (including claims in arbitration) against the Company in which the Company prevails, you agree to 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 of 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, Inc.; 5477 Glen Lakes Dr., Suite 110, Dallas, TX 75231 

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 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. 

Conflicts 

The Parties acknowledge and agree that, to the extent there is a conflict between the Terms of Use and the terms of any Agreement, the terms of the Agreement shall control. 

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. 

 

Modifications 

Any changes made to our Privacy Policy or Terms of Use will be posted on the Site.  Any subsequent use of the Services after we have modified the Terms of Use, including the Privacy Policy, constitutes your acceptance of such modifications. 

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.