TERMS OF SERVICE
THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “ARBITRATION AGREEMENT” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND ASSURED. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND ASSURED THAT IN ANY WAY RELATE TO THESE TERMS OR YOUR USE OF OUR SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. 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 (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). 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.
- Modification of Terms. We may make changes to these Terms from time to time, and those changes will be posted on our Site. The amended Terms will be effective immediately upon posting, and your continued use of the Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Services. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining Term.
- “Programs” means each of Assured’s wellness programs, namely the ‘AgeAssured’ program and ‘NeverStop’ program.
- “Services” means Assured’s Site, any application (i.e., an app) released by Assured, any other services, documentation and software offered by Assured, and all other offline support services offered by Assured to Policy Holders.
- “Site” means www.assuredallies.com or www.neverstop.com or any of its digital properties.
- “User Data” means data relating to Your use of the Services, including but not limited to information related to: your contact information, including email addresses; information obtained by or provided through the Service; resource usage; and free text submitted by You.
- “We“, “Us“, “Assured” or “Our” means Assured, Inc., or any affiliate thereof.
- “You”, “Your” or “Policy Holder” means the individual or a third party represented by such individual accessing and using the Services.
- No Underwriting. Assured is not an underwriter and does not, directly or indirectly, underwrite insurance policies for any policy holder, whether long term care insurance coverage or otherwise. Assured disclaims any representations, warranties or liability for underwriting decisions made by any carriers, even if such carriers utilized technology and/or data licensed to them by Assured. Any questions or appeals you may have regarding the underwriting of a policy that was either issued to you or otherwise denied should solely be directed at the corresponding licensed insurance carrier or third party administrator. If you send any underwriting questions to Assured, Assured will either direct you to the applicable insurance carrier or forward the question on your behalf.
To enroll in either of Assured’s Programs, You understand and irrevocably agree to each of the following points:
- The Programs offered by Assured are wellness programs, and not insurance programs.
- To the fullest extent allowed by law, pursuant to this Section E, you irrevocably agree not to sue or bring any kind of lawsuit or legal proceeding against Assured as well as its parent company, affiliates, directors, officers, employees, agents and assigns (the “Releasees”) that may in some manner arise from or be related to your participation in a Program (the “Waiver”), and you further agree that this Waiver binds not only you but also your family members (e.g., your spouse, heirs, assigns, and personal representatives), and anyone else who may be entitled to act on your behalf. Accordingly, this Waiver is a release, waiver, discharge and covenant not to sue any of the Releasees due to your participation in a Program.
- You are enrolling in a Program voluntarily, and your decision to enroll and participate in a Program is not based on any statements, materials or promises that have been made by Assured or any other party, and you are voluntarily assuming upon yourself any and all risks related to your participation in Program, whether known or unknown.
- It is your responsibility to ensure that you are healthy enough and physically capable to participate in a Program. You understand that some activities in a Program may be physically difficult and strenuous for some persons. Therefore, you will abide by any determination, limitation or recommendation delivered to you by a medical or health care provider.
- Although it is unlikely to happen, you understand and acknowledge that your participation in a Program may result in personal harm, loss, damage, injury or even death.
- If any provision or term contained in this Section E is ruled as being invalid, unlawful or otherwise unenforceable, the remainder of this provision shall remain in full force and effect.
- The Services
- Children under 18. The Services are not directed at children. If you are a child, please do not use or attempt to register to use the Services.
- Capacity. You hereby confirm that you are legally able to consent to receive Services.
- Accuracy of Information. You hereby confirm and agree that all the information that you provided in or through the Services, and the information that you will provide in or through the Services in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of these Terms you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
- Account Security. If Assured assigns you an account through which you access our Services and maintain your Assured records and files, you agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your login and password (“Credentials”) and any other security information related to your account. We advise you to take extra care in safeguarding your Credentials. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security. You further agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
- Restrictions. You must not misuse the Services in any manner. For example, you may not, whether by yourself or anyone on your behalf (a) interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned; (b) sell, resell, or lease the Services or access or attempt to access the Services by any means other than through authorized means; (c) circumvent any access or use restrictions put into place to prevent certain use of the Services; (d) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (as defined below); (d) use or launch any automated system (including without limitation, “robots”, “spiders”, or otherwise) to access our Site; (e) parse any content within our Sites or copying any source code for the purpose of mimicking the look and feel of our Sites; (f) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (g) circumvent, disable or otherwise interfere with security-related features of our Sites or features that prevent or restrict use or copying of any content or that enforce limitations on use of our Sites; (h) attempt to disable, impair, or harm the Services; or (i) reverse engineer or decompile the Services made available on the Site, scrape the Services on the Site, attempt to do so, or assist anyone in doing so.
- Intellectual Property Rights. All rights not expressly granted to you under these Terms are reserved by Assured and its licensors. We and our licensors reserve all rights, title and interest to the Services and any of their related intellectual property rights. The Terms do not convey to You an interest in or to Assured’s intellectual property rights, and nothing in the Terms constitutes a waiver of Assured’s Intellectual Property Rights under any law.
- Product Descriptions. Assured attempts to ensure the integrity and accuracy of the Services, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Services. It is possible that the Services or the documentation associated with the Services may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made thereto by third parties. Assured reserves the right to unilaterally correct any inaccuracies on the Services without notice, and information contained on the Services may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Services from any non-Assured affiliated third party.
- Feedback. To the extent You provide us any feedback, comments or suggestions (“Feedback“), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
- NeverStop Credits. By participating in the NeverStop Wellness Program, you may be eligible to earn ‘Wellness Credits’ to either extend the duration of your long term care insurance coverage period or increase your coverage amount (i.e., allowing you to withdraw additional amounts). The terms and conditions specific to accruing and redeeming the Wellness Credits are set forth in each Policy Holder’s personalized long term care coverage materials supplied by the carrier, and may vary from carrier to carrier, and from individual to individual. In the event of a dispute over the application of Wellness Credits to your long term care insurance, you will be required to submit such dispute directly to the carrier which issued to you the applicable long term care insurance coverage, as Assured has no control over how any Wellness Credits are applied and/or any other terms associated therewith.
- Ownership Rights.
The (1) content on our Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, technology, graphics, photos, sounds, videos, interactive features, and services and any output thereof (or collectively, the “Materials”), (2) and user submissions (or together with the Materials, the “Content”), and (3) the trademarks, service marks and logos contained therein (or the Marks), are our property and/or our licensors’ property and may be protected by applicable copyright or other intellectual property laws and treaties. All other brands and names (including third-party product names) are the property of their respective owners. You may not use the name Assured, the Assured logo or any other graphics or services terms or names that are our trademarks without our express prior written consent.
You acknowledge that all Content is copyrighted as a collective work under applicable law, including, without limitation, the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. If no specific restrictions are displayed, you may make copies of select portions of the Content; provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
- Assured’s Rights. Assured has sole discretion in the administration and enforcement of these Terms, which Assured may modify from time to time in its sole discretion. In addition to Assured’s other rights as set forth under these Terms: (i) we reserve the right to monitor your use of our Services, and may at our sole discretion use and/or disclose any data or communications of any kind that we collect from your use of the Services; and (ii) we may terminate or suspend your account and your accessibility to all or part of our Services, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms and/or any applicable law, or is harmful to the interests of another user, a third-party or us. Further, you agree that we shall not be liable to you or any third party for any termination of your access to our Services and/or the deactivation or deletion of your account.
- Security. Assured takes precautions to protect its Policy Holders’ information. When Policy Holders submit sensitive information via the Services, their information is protected both online and offline. When we ask Policy Holders to enter sensitive information, that information is encrypted and protected. Assured also utilizes industry standards to provide a secure website and mobile app, however, it is your responsibility to ensure the device you are using to access our Services has up to date security features. Neither Assured nor any of its affiliates are liable for any security breach of your information due to a lack of updated security measures or unauthorized adaptions to your device.
- Disclaimers of Warranties. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER IN SECTION E OF THESE TERMS, YOU FURTHER AGREE THE SERVICES ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND ASSURED DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS. OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
- Limitation of Liability. IN NO EVENT WILL ASSURED BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ASSURED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ASSURED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED THE SUM OF US$1,000.00. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
- California Resident Rights. If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site you may contact us at 1-866-727-7833 or email at [email protected]. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or my telephone at (800) 952-5210 or (916) 445-1254.
- Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Sites. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice (“Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent at [email protected].
- Term and Termination
- Term. These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated.
- Termination. You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time at our discretion and without notice for any reason. Without limiting the generality of the foregoing, Assured may suspend or terminate the Program membership/participation of any Policy Holder whom Assured reasonably believes has failed to adhere to these Terms, or for any other behavior or actions that may create risk or possible legal exposure for Assured.
- Survival. The provisions contained within these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms, shall so survive, including without limitation, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections.
- Governing Law; Arbitration; Jurisdiction
- These Terms are governed by the laws of the Commonwealth of Massachusetts, excluding rules as to choice and conflicts of law.
BY AGREEING TO ARBITRATION WITH ASSURED, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING CLAIMS AGAINST ASSURED (INCLUDING, WITHOUT LIMITATION, THE SITES) ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.
Unless both you and Assured agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Agreement to Arbitrate 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 shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for the Commonwealth of Massachusetts.
- Communications. You acknowledge and agree that Assured may communicate with you regarding your participation in one of our Programs by regular mail, electronic communications (email / SMS), telephone and any other means of communication described in our Materials. The communications that we send you may include information regarding your participation as well as commercial advertisements and promotions. You may always opt-out of receiving marketing communications by (i) clicking on the unsubscribe link located the footer of each email message, by replying “STOP” (or some other message designated by the Company) to any SMS that we send you, by writing to us at [email protected], or by calling us at 1-866-727-7833. Even after you’ve opted out, you will continue to receive certain email communications that are not of an advertising or promotional nature.
- Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
- Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
- Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Assured.
- Entire Agreement. These Terms contain the entire agreement between Assured and You relating to your use of the Services and supersedes any and all prior agreements between Assured and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Assured in these Terms.
- Assignment. You may not assign your rights or delegate your obligations under these Terms without Assured’s prior written consent. Any purported assignment contrary to this section will be null and void. Assured may assign its obligations hereunder among the various Assured entities within the Assured group, by a change to the definition of Assured hereunder which change will become effective upon posting on the Service.
- No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.
Last Updated: November 2022