Terms of Use, in General

Effective as of 07/31/2023

At Take Command Insurance Agency, Inc., doing business as Take Command Health (hereinafter “Company”, “we”, “us” or “our”), 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. 

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Take Command Health. The following terms and conditions (these “Terms of Use”), constitute a legal and binding agreement between you and the Company governing your access to and use of www.takecommandhealth.com (the “Website”), including any content, functionality and services offered on or through our Website (collectively, the “Services”), as a guest. Registered users and customers of the Company products or the Company platforms will be subject to the appropriate agreements according to their use of the Company products or terms specific to user registration.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

Take Command Health is a licensed Insurance Agency that operates under Texas Department of Insurance License #1955535. See additional licensing information here. 

The Services are offered and available to users who are 18 years of age or older who are located in the United States or any of its territories or possessions. Parents and legal guardians of children under 18 years of age may provide the Company with personal information for those children to obtain Services. However, no one under age 18 may directly provide any information to or on the Services. If you are not at least 18 years of age, you must not access the Services or provide us with any personal information. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at the information provided below.

Our Website is 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 Website should not be considered professional medical advice.

By using our Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

2. Changes to these Terms of Use 

We may revise these Terms from time to time by posting a modified version on our Website. If, in the Company’s sole discretion, the modifications to these Terms are material, we will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by alerting you through the Service and/or Website.

Your continued use of the Website or Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you have an account, we may also notify you by email or otherwise as reasonably determined by us or required under applicable law. It is important that we have an up-to-date email address in your account so that we may notify you of such changes.

Additionally, we may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to the Website or any portion thereof; (2) change, revise, or modify the Website or any portion thereof; (3) interrupt the operation of the Website or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the Website; and/or (5) terminate the authorization, rights, and license given herein. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the Website.

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website (including providing your own devices and communications service to use the Website).
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources offered through the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on or to the Website is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on or through the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a company owner or administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a company (“System Administrator”), you represent and warrant that you are authorized to do so and agree that the Company is entitled to rely on your instructions. 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Intellectual Property Rights

The Website and its 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 the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

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 of the Services performed here. Company shall remain the sole and exclusive owner of any data that may be provided to you for use as part of or pursuant to this Terms of Use.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on it is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Payments Functionality Dwolla

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 our Website, and Dwolla account notifications will be sent by Take Command Health, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at  help@takecommandhealth.com. 

Please note that we make no representations or warranties about the services provided by Dwolla.  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 Website, or in connection with our Services. 

6. Payments Functionality Unit

In order to use the payment functionality of our application, you must open a “Unit Platform” account provided by Unit, Inc. and you must accept the Unit Terms of Service and Privacy Policy. Any funds held in or transferred through the Unit Account are held or transferred by Unit’s financial institution partners, as described in the Unit Terms of Service. You authorize us to collect and share with Unit 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 Unit account through our Website, and Unit account notifications will be sent by Take Command Health, not Unit. We will provide customer support for your Unit account activity, and can be reached at  help@takecommandhealth.com. 

Please note that we make no representations or warranties about the services provided by Unit.  You hereby acknowledge and agree that we shall not be responsible for any of the services provided to you by Unit, despite that such services may be provided through the Website, or in connection with our Services. 

7. Estimates; Broker of Record; Transmission of Information to Insurance Carrier

You understand that the Company does not provide insurance and is not an insurance carrier or underwriter. Results generated through the Website to project health costs are estimates intended to educate and inform individuals regarding plan choices; however, the Website’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.

The terms and benefits of any insurance plan offered to You are provided by the insurance providers based on their underwriting and may vary based on several factors solely as determined by the insurers. While Take Command may assist You in exploring different plan options, it is your sole discretion whether to select a specific insurance plan based on the terms presented on our platform and to make sure the plan and its service levels meet your specific needs.

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.

By using the Website 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.

By using the Website 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 Website 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. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If we are unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Company or any third party payment processor with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use. 

You understand that if you setup of an autopayment for your plan during the enrollment process through the Website 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.

You acknowledge Take Command shall not be held responsible for any errors or delays in the insurance policy being issued to you, as a result of any errors or delays in the information provided by You in the use of the Website

8. Electronic Communications; Consent to Receive Calls, Text Messages, and Recordings

When you use the Website, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Company may contact you by telephone, mail, or e-mail to verify your information. Company may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Website. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Website until you provide the information to us as requested.

By providing your mobile number, you are agreeing to be contacted by or on behalf of Company at the mobile number you have provided, including calls and text messages, to receive informational, product or service related messages and communications relating to the Website and Services. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Website may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.

Company is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please Contact Us.

Company may record (audio and video) all or part of your interaction with us (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the products and services, and to help us improve the Website. We will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Website, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

9. Trademarks

The Take Command Health name, Company logo, Company slogan, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

10. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are hosted, or any server, computer or database connected to the Services.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

11. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. the Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

12. Changes to the Website

We may update the content available on or through the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

13. Information About You and Your Visit to the Website

All information we collect on, through, or as part of the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website;
• Send e-mails or other communications with certain content, or links to certain content, on the Website; and
• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Services or portions of the Services to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
• Link to any part of the Services other than the homepage of the Website; or
• Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

15. Links from the Website

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links to order items or other services. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16. Geographic Restrictions

We provide the Services for use only by persons located in the United States. We make no claims that the Website or its content is accessible or appropriate outside of the United States. You may not use the Website or export any portion of it in violation of U.S. export laws and regulations. Access or use of the Website may not be legal by certain persons or in certain countries. If you access or use the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, and you hereby agree and acknowledge that you understand and consent to the transfer of your personal information to, and the collection, processing and storage of your personal information in, the United States in accordance with our Privacy Policy.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, including on the Website, will be free of viruses or other destructive code. You are responsible for deploying anti-virus and other similar protections on your computer or mobile device. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICES, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY OF THE FOREGOING, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH IN THESE TERMS OF USE, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

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

18. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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

19. Indemnification

You (and also any third party for whom you use the Services) agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services other than as expressly authorized in these Terms of Use (including the following): (i) your Content or your access to or use of the Service; (ii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iii) 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 (iv) any misrepresentation made by you, or your use of any information obtained from the Services.

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.

20. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

In the event arbitration (as set forth below) is unavailable or Section 20 is determined to be unenforceable, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Dallas County, Texas. Although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 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. 

21. Arbitration

If you have a dispute with the Company including without limitation disputes related to these Terms of Use, your use of the Website, your use of the 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 notices@takecommandhealth.com.

You and THE COMPANY Are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products through the SERVICES, will be resolved exclusively and finally by binding arbitration.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this Section 20. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this Section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you seek arbitration or elect to file a small claim court action, you must first send the Company, by certified mail, a written notice of your claim (a “Notice”) to our General Counsel in accordance with the Notice Section below. If the Company initiates the arbitration, it will send such Notice to you in accordance with the Notice Section below. A Notice, whether sent by you or the Company, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, neither you nor Take Command Health will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Waiver and Severability 

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

24. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

25. Your Comments and Concerns

The Services are operated by Take Command Insurance Agency, Inc. 5477 Glen Lakes Dr., Suite 110, Dallas, TX 75231. 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Privacy Policy in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: notices@takecommandhealth.com.