Policies and Terms of Use
Privacy Policy
Terms of Use
Terms of Use
These website Terms of Use (“Terms”) describe the rules for using this website. These Terms constitute a legally binding agreement between you, the person using this website, and Welltheos LLC doing business as W3ll. If you are assisting another person to use this website, these Terms constitute a legally binding agreement between both you and the person you are assisting and W3ll. Terms such as “we” or “our” and “Company” refer to W3ll and its affiliate entities.
By using this website, you agree to the W3ll Privacy Policy also as posted on this website. The W3ll Privacy Policy terms may be updated at any time, and continuing use of this website is your consent to all changes to the W3ll Privacy Policy.
Use of this website is subject to monitoring by us and you acknowledge and agree that any results of such monitoring of activity on this website may be used by us, subject to applicable law.
If you choose to purchase a health plan through one of the health care insurance companies accessible through the W3ll website or enter into any agreement with one of the health care companies, the W3ll Terms of Services and Privacy Policy will continue to apply to your use of the W3ll website.
Nothing on, or related to, the W3ll website guarantees that you are eligible to receive coverage under any plan offered through this website or otherwise.
We may revise or remove some or all of the content on this website at any time. In addition, please note that brokers, agent of healthcare insurance companies and the healthcare insurance companies themselves, are responsible for and may change their websites, information, plans and/or pricing at any time, each in their own discretion.
Links
While visiting this website you may click on a link to other websites and leave this website. We provide links to other websites that may contain information that may be useful or interesting to you. We are not responsible for, and do not endorse, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your interactions with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.
License and Ownership
W3ll grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the content of the website solely for the purpose of gathering information regarding health plans offered by health care companies accessible through the W3ll website and related activities such as, if permitted on this website, applying for a plan. You may also print a reasonable number of copies of the website content for your personal use and must also reproduce all proprietary copyright and trademark notices.
All rights, title and interest in and to the website, including the content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein will remain with W3ll and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the content available on the website, granting the foregoing licenses or using this website.
In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages will be treated as non-personal, non-confidential (except for personal information as described in our Privacy Policy) and nonproprietary; you hereby grant W3ll a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute all such messages, in whole or in part, and including all intellectual property rights therein.
The trademarks and/or logos of third-parties may be displayed on the W3ll website and are used pursuant to license with those third-parties.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the content terminates immediately. Upon the termination of this license, you must stop using this website, including all content and all copies which must be destroyed or deleted.
Restrictions on Use
You agree:
- to use this website or its content only as permitted by these Terms or the content of the website;
- to not copy, modify or create derivative works involving the content, except a reasonable number of copies for personal use, provided that all proprietary copyright and trademark notices are also displayed;
- to not misrepresent your identity or provide us with any false information in any information collection portion of this website;
- to not take any action intended to interfere with the operation of this website;
- only access or attempt to access the portions of this website to which you have been explicitly granted access;
- not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
- to comply with all applicable laws and regulations while using this website or the content.
- That you must be at least 13 years of age, and if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms on your behalf.
Accounts
If you are a broker or agent of a healthcare insurance company, you may be required to establish an account and obtain a login name and password. You will be solely responsible for maintaining the confidentiality of your login information. You must immediately notify us of any unauthorized use of your login information, and you are responsible for any unauthorized activities, charges and/or liabilities made with your account. In no event will we be liable for the unauthorized use or misuse of your login name, account number or password.
You agree that, if your agent (such as an employee or account administrator) purchased our service(s) on your behalf, you are bound as a principal by all terms and conditions herein. Your continued use of our services ratifies any actions of your agent, authorized or unauthorized. By using your login information, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of these Terms, that he or she has informed you of the Terms of this website, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this website infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked.
This request should be sent to:
info@w3ll.com or by mail at:
Welltheos LLC
1500 Stony Brook Road
Stony Brook, New York USA 11794
Attn: Legal Dept.
The notice must include the following information: (a) a signature of a person authorized to act on behalf of the owner that holds an exclusive right believed to be infringed; (b) identification of the copyrighted work or materials allegedly infringed; (c) the name, address, telephone number, and email address of the complaining party; (d) a statement that the complaining party has a good faith belief that use is not authorized by the copyright owner, its agent or the law; and (e) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.
NO WARRANTIES
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
W3ll AND THE PARTIES ASSOCIATED WITH THE WEBSITE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE IS ACCURATE OR COMPLETE.
W3ll AND THE PARTIES ASSOCIATED WITH THE WEBSITE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY
YOU AGREE THAT W3ll AND THE PARTIES ASSOCIATED WITH THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS W3ll AND THE PARTIES ASSOCIATED WITH THE WEBSITE, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF W3ll AND THE PARTIES ASSOCIATED WITH THE WEBSITE, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL W3ll AND THE PARTIES ASSOCIATED WITH THE WEBSITE, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF W3ll AND THE PARTIES ASSOCIATED WITH THE WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Applicable Law-Consent to Jurisdiction And Venue.
Without regard to its conflicts of law provisions, the laws of the State of New York will be used to construe this Agreement. You consent to the exclusive jurisdiction and venue of state and federal courts residing in Suffolk County, New York to adjudicate any dispute arising out of this Agreement. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Any claim must be brought and W3ll formally notified within two years of the occurrence on which the claim is based.
Additional Terms
Your obligations under the following sections survive termination of this Agreement: Important Note Regarding Website content; Terms; portions of License to use this website and content ownership; Restrictions on use of this website; Posting messages, comments or content; Copyright Infringement – DMCA Notice; Changes to website content; Links; No Warranties; Limitation Of Liability; Governing law and statute of limitations; Additional terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, W3ll and the parties associated with the website and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or your use or misuse of the content or website. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.
Severability
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
Acceptable Use Policy
All use of the W3ll website will confirm to all appliable law and regulation as well as the highest standard of business conduct and ethics. In particular, without limitation and where applicable to you, you agree not to do any of the following: Violate any state or federal law relating to the marketing or sale of insurance policies; Engage in false advertising or in any fraudulent or deceptive business practice; Post, distribute, or otherwise make available or transmit any data, text, medium or computer file, that W3ll, in its sole discretion, deems to be: (a) defamatory, abusive, harassing, insulting or threatening; (b) bigoted, hateful, or offensive; (c) vulgar, obscene, or sexually explicit; or (d) encouraging of or advocating illegal activity or discussing illegal activities with the intent to commit them; Post, distribute, or otherwise make available or transmit any data, text, medium or computer file that (a) infringes any right of a third party under any domestic or international law, including but not limited to copyright, patent, trademark, trade secret or other proprietary right;(b) violates any right of privacy or publicity of a third party in the absence of such third party’s express permission to disseminate his or her personal information, voice or likeness; Post, distribute or otherwise make available or transmit any software or files that contain a virus or other harmful component; Impersonate any person or entity or misrepresent your identity or affiliation with another person or entity; Delete any legal notices or disclaimers, including but not limited to copyright and trademark symbols, or modify any marks which you do not own or have express permission to modify.
W3ll reserves the right to remove or disable access to any material which falls within one or more of the above categories.
Non-discrimination Notice
Non-discrimination in Health Programs and Activities
Policy: W3ll complies with applicable Federal Civil Rights laws and does not exclude, deny access/benefits to health care, or otherwise discriminate against or treat differently any person on the basis of race, color, national origin, disability, age, sexual orientation or stereotyping, gender identity, genetic information, pregnancy, childbirth and related medical conditions in admission to, participation in, or receipt of the services and benefits under any of its products or services, whether carried out by W3ll directly or through a contractor or any other entity with which W3ll arranges to carry out its products or services.
This statement is in accordance with the provisions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Affordable Act Section 1557, and Regulations of the U.S. Department of Health and Human Services issued pursuant to these statutes at Title 45 Code of Federal Regulations Parts 80, 84, and 91.
W3ll provides to people with disabilities or those whose preferred language for communication is not English and who have a limited ability to read, write, speak or understand English, written information in other formats at no cost to people with disabilities, or are limited English proficient, in order to communicate effectively with us as we do with others.
Should you require any of these services, please contact the below for assistance:
W3ll Info
Communication Services
800-947-6757
If you believe that W3ll has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, gender identity or sex, you can file a grievance or complaint with the U.S. Department of Health and Human Services Office for Civil Rights electronically through the Office for Civil Rights Complaint Portal, available at https://orcportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at the U.S. Department of Health and Human Services, 200 Independence Avenue, SW, Room 509F, HHH Building, Washington DC, 20201 and 1-800-868-1019, TDD 800-537-7697.
Accessibility Statement
We are committed to ensuring that our website is fully accessible to all visitors including those with disabilities. In order to meet or exceed the needs of visitors with disabilities, we developed our site using the requirements set by Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended in 1998.
From time to time we will provide links to other Websites, not owned or controlled by us. We do this because we think this information might be of interest or use to you or where, as a member, we can provide you with value added services. While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of other sites. A link to an external Website does not constitute or imply endorsement by us. Additionally, we cannot guarantee the quality or accuracy of information presented on external Websites. We encourage you to review the privacy practices of any Website you visit.
Section 508 was enacted to provide people with disabilities equal access to electronic information and data comparable to those who do not have disabilities.
We have a few suggestions when using this site:
This site can only be accessed when you have JavaScript enabled. For more information on enabling JavaScript, see the Help section in your browser. The site has been developed to be fully functional with or without a mouse. For example, when prompted to select a date on a calendar, you may use your keyboard to key in a date. Tooltips can be found throughout the site to provide additional information about questions and content on the site. Tooltips are accessed by hovering the mouse cursor over the tooltip mark. Avoid issues when using ZOOMTEXT with tooltips by using ZOOMTEXT WEBFINDER. If you do not use a mouse, turn off CSS on your browser to make tooltip messages automatically appear on the page.
If you cannot access any content or use a feature on this website due to a disability, please let us know by calling 888-780-7122.
For more information on Section 508, see http://www.section508.gov
