Policies and Terms of Use

Privacy Policy

Welltheos’ Website Privacy Policy

Welltheos LLC doing business as W3ll (“W3ll“, “we”, or “us”) is committed to protecting the privacy of your personal information. We protect the privacy of that information in accordance with federal and state laws, as well as our own company privacy policies. We want to thank you for visiting our website (“Site”) at www.welltheos.com/wbe. The purpose of this Privacy Policy is to inform you of how your information is collected, used, and handled throughout the use of this website. This Privacy Policy applies to all products and services (referred to collectively as “Services”) that are offered and hosted by W3ll.

By visiting and using our Site, you consent to our processing of your information as set forth in this Privacy Policy. If you do not agree with this policy, please do not use our Site. We reserve the right to update and modify our Privacy Policy at any time. Your continued use of our Site following the posting of changes to this policy will be deemed your acceptance of those changes This website is intended for a United States audience. Any information you provide, including any personal information, will be transferred to and processed by a computer server located within the United States.

Limit Use of Information for Health Insurance Purposes

You may request that we limit the collection, creation, disclosure, access, maintenance, storage and use of your Personally Identifiable Information for the sole purpose of our assisting you in applying for health insurance or obtaining an eligibility determination, facilitating payment for your first premium, assisting you in updating or canceling your enrollment in a health insurance plan, and for performing other authorized functions specified in our agreements with CMS. You may request such a limitation by sending an email to Privacy@W3ll.com, calling us at 888-780-7122, or mail at:
W3ll
1500 Stony Brook Road
Stony Brook, New York USA 11794
Attn: Legal Dept.

What Information Do We Collect?

W3ll gives brokers, agents, and members access to health plans through this Site. We will ask you to provide us with personal information to help you find and apply for health insurance for you and your family. We collect the minimum necessary amount of information to accomplish this purpose. We only use and disclose your personal information in accordance with our privacy policy. Additionally, we use industry-leading technologies to ensure the security and confidentiality of the personal information you provide us.

Throughout this policy, when we refer to “personal information,” we are referring to information that can be used to distinguish or trace your identity, such as name, social security number, date of birth, phone number, email address, or credit card number.

We may collect from you “protected health information” which includes any information about your health or medical history that you may provide in a health insurance application.

We may also collect from you financial or other sensitive personal information in an application to obtain an advanced premium tax credit (or “subsidy”) determination from the government. If you provide information directly to one of our partners or any other third-party, then your information would be governed by such other party’s privacy policy.

We may receive information about you from other sources, including publicly available databases or third-parties from whom we have obtained data, and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. Examples of the types of personal information that may be obtained from public sources or third-parties and combined with information we already have about you, may include: (a) address information from third-party sources to verify your address so we can properly communicate with you and to prevent fraud and/or (b) data about our customers from third-parties that is combined with information we already have about you, to create more tailored advertising and products. You do not have to provide us with personal information if you do not want to; however, that may limit your ability to use certain functions of this website or to request certain services or information.

How Will Your Information Be Used and Shared?

We may use your personal information in the following ways:

To send periodic service-related emails or respond to a request from you. We may use the email address you provide to respond to your inquiries, questions, and/or other requests, and to send you service-related emails, such as account verification, changes or updates to features of the Site, and technical / security notices.

To personalize the Site for you.

To process an application completed by you. If you submit an application for an insurance product offered on the Site, then we will disclose the personal information you provide to your chosen insurance company to process your application.

To process payments as requested by you. We may disclose your personal information to other companies that help us process payments. Be assured that the companies we partner with to process payments are not allowed to use your personal information for their own purposes and are contractually obligated to maintain strict confidentiality.

To provide you with information that we believe may be useful to you, such as information about health products or services provided by us or other businesses.

To perform analytics and to improve or optimize our services, our Site functionality, marketing, or for other business needs.

To comply with applicable laws, regulations, and legal process. In certain situations, W3ll may disclose your personal information in response to lawful requests by law enforcement authorities, to comply with a subpoena, or similar legal process. We may disclose your personal information when we believe, in good faith, that the disclosure is required or permitted under law to:

cooperate with regulators or law enforcement authorities;

to resolve consumer disputes;

to protect your (and others) health, safety, or welfare;

to protect our rights, the rights of affiliates or related third-parties, or take appropriate legal action, such as to enforce our Terms of Use;

to investigate fraud;

to otherwise respond to a government request; or

as otherwise necessary or useful for us to conduct our business, so long as such use is permitted by law.

If W3ll is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

You may change or update your personal information by emailing us at W3ll.com”>info@W3ll.com, or in writing by mailing us at W3ll, 1500 Stony Brook Road, Stony Brook, New York USA 11794. Please note we may not be able to revise information which has already been shared with a third-party.

Session Cookies and Beacons

W3ll uses Google Analytics and Raygun to collect visitor data and analyze traffic on our site, and may use other tools and technologies, now or in the future, to support or enhance the functionality of the W3ll website. These technologies help us provide a better experience when you visit our Site and allow us to improve our Site.

Our service providers, advertising partners and ad networks may use cookies and beacons to collect and share non-personal information about your activities both on our Site and on other websites, including, for example, to provide you targeted advertising based upon your interests. In addition, third parties that are unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Site. We do not have control over these third- party collection practices. If you wish to minimize these third- party collections, and you can adjust the settings of your browsers or install plug-ins and add-ins.

Google Inc. (“Google”) is an example of a service provider that uses cookies or similar technologies to collect information about your browsing activities over time and across different websites following your visit to our Site. Google Analytics is a web analytics service provided by Google that uses first-party cookies to track users’ interactions and collect other information about how you use our Site. Google Analytics collects information anonymously. We then use the information to compile reports, including usage trends, to help us improve our Site. You can opt out of Google Analytics without affecting how you visit our Site. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/, or review the Google Analytics Terms of Service at https://www.google.com/analytics/terms/us.html.

For more information about opting out of being tracked by Google Analytics across all websites you use, please visit https://tools.google.com/dlpage/gaoptout/.

  • Browser Cookies. A browser cookie is a small text file placed on the hard drive of your computer when you visit a website or click on a URL. The cookie then communicates with servers, ours or those of other companies that we authorize to collect data for us, and allows recognition of your personal computer. We associate cookies with personal information only if you use the logged in areas of the Site, order a Service, use the personalization services available as part of the Site, or ask us to contact you with additional marketing information. Otherwise, we do not collect personal information from browser cookies and we do not associate browser cookies with your personal information. You may use the tools available on your computer or other device to set your browser to refuse or disable all or some browser cookies, or to alert you when cookies are being set. However, if you refuse or disable all browser cookies, you may be unable to access certain parts or use certain features or functionality of our Site. Unless you have adjusted your browser settings so that it refuses all cookies, we may use cookies when you direct your browser to our Site. To learn more about cookies, you can visit http://www.allaboutcookies.org .
  • Beacons. Our Site and e-mails may contain small electronic files known as beacons (also referred to as web beacons, clear GIFs, pixel tags and single-pixel GIFs) that permit us to, for example, count users who have visited those pages or opened an e-mail and for other website-related statistics. Beacons in e-mail marketing campaigns allow us to track your responses and your interests in our content, offerings and web pages. You may use the tools in your device to disable these technologies as well.

This information is collected for traffic analysis only.

Our website may also use a website recording service that may record mouse clicks, mouse movements, and page scrolling. The information collected does not include any PII data, bank details, or any sensitive personal data. Data collected by this service is used to improve our website usability. The information collected is stored and is used for aggregated and statistical reporting, and is not shared with anybody else.
Feel free to use this opt out link if you prefer to not have your mouse clicks and movements tracking by this tool: https://sessioncam.com/choose-not-to-be-recorded/.

Email Communications

You may receive certain communications from us related to our Site. If you provide us with your e-mail address in order to receive communications, you can opt out of marketing e-mails at any time by following the instructions at the bottom of our e-mails and adjusting your e-mail preferences. Please note that certain e-mails may be necessary for the operation of our Site. You will continue to receive these e-mails, if appropriate, even if you unsubscribe from our optional communications.

Network Advertising Initiative

Certain websites you visit may provide options regarding advertisements you receive. If you wish to minimize the amount of targeted advertising you receive, you can opt out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt-Out Page. Please note that even if you choose to remove your information (opt out) you will still see advertisements while you’re browsing online. However, the advertisements you see may be less relevant to you. For more information or to opt out of certain online behavioral advertising, please visit http://www.aboutads.info.

Additionally, many advertising network programs allow you to view and manage the interest categories that they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

Do Not Track

Some browsers support a “Do Not Track” (or DNT) feature, a privacy preference that users can set in certain web browsers, which is intended to be a signal to websites and services that you do not wish to be tracked across different websites or online services you visit. Our Website does not currently recognize or respond to DNT signals, so DNT settings do not change the way the Site operates.

Please note that we cannot control how third- party websites or online services you visit through our Website respond to Do Not Track signals. Check the privacy policies of those third- parties for information on their privacy practices.

Text Alerts

You may receive certain information, updates and/or offers from us via text communications. If you provide us with your mobile number in order to receive such communications, you can opt out of receiving text messages atany time by contacting us at customer_support@w3ll.com.

Updating Information

The accuracy of the information we have about you is very important. To review, correct or delete your personal information, please contact us at customer_support@w3ll.com. For more information about your choices, or to review or correct your personal information, please follow the prompts on the Site, or contact us as indicated in the “Contact Us” section of this Privacy Policy.

We will retain your information for as long as your account is active or as needed to provide the services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Please note that once your application has been submitted to your chosen health insurance company or any other relevant party (such as the federal government in the case of an application involving advanced premium tax credits) you may be required to contact the insurance company or such other party directly to update your application.

Website Security

We have implemented commercially-reasonable measures designed to protect the information that you provide on this Site. We exercise reasonable efforts to safeguard the security and confidentiality of your personal information and insurance information; however, transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. We will not be liable for unauthorized disclosure of personal information that occurs through no fault of W3ll including, but not limited to, errors in transmission, uses of your data by a third-party, your failure to comply with your security obligations, and the unauthorized acts of W3ll employees.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Information for Children Under 13

This Site is not directed at children 13 years of age or younger. If you are under 13, do not use or provide any information on this Site. Do not register on the website, or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we may have any information from a child under13 without parental consent, please contact us at the W3ll.com”>info@W3ll.com.

Social Media Disclaimer

We welcome and encourage open discussion on W3ll social media sites – including but not limited to our blogs, Facebook, Twitter, LinkedIn and YouTube pages. We make reasonable efforts to monitor participation to ensure that you stay on topic, are courteous and avoid making offensive comments. Your posts and User Content must adhere to the following requirements and cannot:

Contain any third-party material including logos, drawings, tattoos, photographs, pictures, sculptures, paintings and other images or works of art, phrases, trademarks, trade secrets or other items without explicit prior written permission to use such materials.

Contain sexually explicit, graphic, gratuitous or unnecessarily violent content or defamatory or derogatory content against any ethnic, racial, gender, religious, sexual orientation, professional or age group or contain any pornographic or nude material.

Contain any private information about yourself or any other individual, including without limitation, information related to the health of the individual, financial information about the individual or any identification or account numbers related to the individual, with or without their permission or consent.

Contain any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

Contain any advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo, poker or any other form of solicitation.

We reserve the right to edit comments for content, remove off-topic contributions, delete offensive comments or remarks, block offensive contributors and delete actual or suspected spam content from any Social Media site. Please be aware that once you post something online, there is the potential for numerous individuals to read your words, even years from now. Therefore, we suggest that you exercise caution when posting on any social media sites and that you not disclose personally identifiable information like your location, health insurance ID numbers, personal medical information, financial information, etc. We are not responsible for the content of any comments or responses posted by others to this Site or social media site managed or monitored by W3ll. We do not control the placement of any marketing or advertising displayed on our pages by social media or third-party organizations. The inclusion of links to other websites does not imply any endorsement of the material on the websites.

 

Your California Privacy Rights

If you are a resident of California, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Welltheos LLC to a third-party for the third-party’s direct marketing purposes. This right granted to California residents applies only to their activities within the State of California. To make such a request, please send an email to privacy@W3ll.com or write to us at:

W3ll
1500 Stony Brook Road
Stony Brook, New York USA 11794

Please note, we do not share personal information or insurance with third-parties for their direct marketing purposes other than as described in this Privacy Policy. If our practices change, we will provide you with the relevant information as required by applicable law.

Effective Date

The Effective Date of this Privacy Policy is March 6, 2018.

 

Terms of Use

  1. 1. Overview

The Terms of Use (“Terms”) describe the rules for using the Platform. The Terms constitute a legally binding agreement between you, the person utilizing (“User”) the Platform, and Welltheos LLC doing business as (D/B/A) W3ll. If you are assisting another person to use the Platform, in any capacity, the 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 the Platform, you also agree to the W3ll Privacy Policy also as posted on this Platform.

If you choose to purchase a health plan through one of the health care insurance companies accessible through the W3ll Platform or enter into any agreement with one of the health care companies, the Terms and Privacy Policy will continue to apply to your use of the Platform.

Nothing on, or related to, the W3ll Platform guarantees that you are eligible to receive coverage under any plan offered through this Platform or otherwise.

 

These Terms also apply to Brokers and Agents (“Broker -User”) utilizing the W3ll Platform, whether through the Broker-User’s own account on the Platform, or through the account of an agency with which the Broker-User is affiliated. By accessing or using the Platform, you accept and agree to be bound and abide by the Terms as well as any policies, addenda or other documents incorporated herein by reference. If you do not want to agree to the Terms, you must not access or use the Platform.

 

2.Accurate Information.

You agree to provide certain true, current, complete and accurate information about you as required by law, and to maintain and update such information as needed to keep it current, complete and accurate. You agree that, to the best of your knowledge, all information you submit through the Platform and to Healthcare.gov is accurate and complete.

 

You are solely responsible for any credit card or bank account information you provide to W3ll and must promptly inform W3ll of any changes thereto (e.g., change of expiration date or account number). We are not responsible for any consequences resulting from your failure to provide notice or for your providing outdated, incomplete, or inaccurate information.

 

3.Payment Obligations.

For Broker-Users that purchase a license, fees are specified in the Order Form(s). W3ll will invoice Broker-User monthly for all fees. Broker-User will pay all invoiced amounts within thirty (30) days of the date of such invoice. All monies, payments, or other fees associated with the W3ll Platform are set forth and are to be paid in US Dollars, and all payments will be made via a bank check, Broker- User’s business check, or ACH to a U.S. bank account designated by W3ll. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Broker-User will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment hereunder be subject to withholding tax by any government, Broker-User will reimburse W3ll for such withholding tax.

 

4.Broker-User Creation and Use of Account.

In order to access or use the Platform, Broker-User will be required to establish an account and obtain a login name and password (“Account Credentials”). By entering transactions via your Broker-User W3ll Account Credentials, you authorize W3ll to process any account transactions initiated through your account and you accept responsibility for all activities that occur under your account. Broker-User is solely responsible for maintaining the confidentiality of your Account Credentials. Broker-User must immediately notify W3ll of any unauthorized use of your Account Credentials, and you are responsible for any unauthorized activities resulting from the compromise of your Account Credentials. In no event will W3ll be liable for the unauthorized use or misuse of Broker-User account or Account Credentials.

 

Broker-User is prohibited from violating or attempting to violate the security of the Platform, including, (a) accessing data not intended for Broker-User or logging onto a server or an account which the Broker-User is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.

 

Broker-User agrees not to share or disclose your Account Credentials to any third- party. Broker-User agrees that you are fully responsible for all activity occurring under your user ID. To the extent that Broker-User grants another party access to your account by sharing your Account Credentials, you are responsible for any activities undertaken by such third -party through the use of your account. Broker-User is responsible for any access to or use of the Platform by Broker-User or any person or entity using your Account Credentials, whether or not such access or use has been authorized by User, and whether or not such person or entity is an employee or agent of Broker-User.

 

Violations of system or network security may result in civil or criminal liability. W3ll will fully investigate all occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or action to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.

 

W3ll has the right, in its sole discretion, to deactivate a Broker-User’s account or reset a Broker-User’s Account Credentials if it reasonably determines that suspicious activity or misuse of the account has occurred.

 

5.Links
While visiting the Platform, you may click on a link to other websites and leave the Platform. 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.

 

6.License and Ownership.
W3ll grants you a personal, nontransferable, nonexclusive, revocable, limited license to view, access and use the Platform for the purpose of gathering information regarding health plans offered by health care companies accessible through the  Platform and related activities such as, if permitted on this Platform, applying for a plan.

 

If you are a Broker- User, you may utilize the Platform under a limited, non-exclusive, non-assignable, non-transferable license to access and use the Platform only for the permitted purposes according to the terms expressly set forth herein. Any other commercial use or exploitation of the Platform or any content, code, information, data or other materials transmitted through the Platform is strictly prohibited. A Broker-User may be licensed to utilize the Platform by signing up for a broker account and adhering to these Terms during all use. Licenses commence when we make the Platform available to Broker-User and continue for the term specified until canceled. Unless otherwise set forth in an order form entered into between Broker-User and W3ll (each, an “Order Form”), each license is for a single Broker-User for a specified term and is personal to that Broker-User. W3ll may provide specific services in association with these Terms as described more completely in an Order Form.

All rights, title and interest in and to the Platform, including the content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights therein remain with W3ll and our licensors and vendors, and no ownership interest is transferred or assigned to you or any other entity by virtue of making the content available on the Platform, granting the foregoing licenses or using the Platform. You may not use any trademark, trade name, service mark, icon, logo or other indicator of W3ll without prior written permission of W3ll for each instance of use. All rights not expressly granted to User or Broker- User hereunder are reserved to W3ll or its affiliates.

 

The trademarks and/or logos of third-parties may be displayed on the W3ll Platform and are used pursuant to license with those third-parties.

 

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.
Acceptable Use of The Platform

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree to be bound by the applicable provisions of the W3ll Acceptable Use Policy, delineated below, and incorporated as part of the Terms. You agree to conduct your activities in a manner which complies with all applicable federal and state laws, conforms to the highest standards of ethics, and maintains the good business reputation of W3ll and its other customers; additionally, you agree to utilize the Platform as follows:

to use this Platform or its content only as permitted by these Terms or the content of the Platform;
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, you may not delete any legal notices or disclaimers, including 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 Platform;
to not take any action intended to interfere with the operation of this Platform;
only access or attempt to access the portions of this Platform to which you have been explicitly granted access; To not attempt interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform or otherwise attempt to interfere with the proper working of the Platform;
to comply with all applicable laws and regulations while using the Platform, including: federal and state laws governing the sale and marketing of insurance policies and governing licensure of insurance agents; the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Gramm-Leach-Bliley Act (GLBA) and all other applicable federal and state laws governing PII; the Telephone Consumer Protection Act (TCPA) as applicable; the Patient Protection and Affordable Care Act (PPACA); and, Computer Fraud and Abuse Act of 1986 and Title 18 U.S.C. Sec.1001 and 1030 which prohibits unauthorized attempts to upload information and/or change information on the Platform.
to not Engage in false advertising or in any fraudulent or deceptive business practice;
to not post, distribute, transmit or otherwise make available any data, medium or information 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 same;
to not post, distribute, or otherwise make available or transmit any data, text, medium or information that (a) infringes any right of a third party under any U.S. or international law, including copyright, patent, trademark, trade secret or other proprietary right; or (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;
to not post, distribute or otherwise make available or transmit any software or files that contain a virus or other harmful component;
to not utilize the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform.
To not utilize any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform, iFraming and deep-linking are strictly prohibited;
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;
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.

 

7.Personally Identifiable Information.

Both User and Broker User will ensure that: PII collected or transmitted through the Platform is obtained with proper consent and authority; implement appropriate safeguards to protect all PII; and, will comply with all applicable federal and state law governing the use and disclosure of PII. User, or Broker-User, will be responsible for any unauthorized use or disclosure of PII in its’ possession, control or that resides in User or Broker-User accounts on the Platform, except to the extent that such unauthorized use or disclosure of PII was directly caused by W3ll (and provided that User or Broker-User holds proper consent and authority to collect or transmit such PII through the Platform), and will notify affected individuals of such unauthorized use or disclosure in accordance with applicable law at User’s sole cost and expense. User, or Broker-User, will be solely responsible for unauthorized use or disclosure of PII resulting from a compromise of Account Credentials. User, or Broker-User, will indemnify, defend, and hold W3ll and its employees, agents, officers, and directors harmless from and against any claims, damages, fines, penalties, costs, expenses (including reasonable attorneys’ fees) or other liabilities arising out of or related to an unauthorized use or disclosure of PII resulting from (i) Account Credentials, (ii) failure to implement reasonable safeguards to protect the confidentiality of PII in its possession, and (iii) any other cause not directly attributable to W3ll.

 

8. Usage Monitoring and Auditing.

W3ll monitors network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage to the Platform, and use of HealthCare.gov constitutes consent to such monitoring and auditing.

 

9.Accuracy of Content and Quotes.

W3ll makes no representations, warranties, or guarantees as to the correctness or accuracy of the Platform. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform W3ll so that it can be corrected. W3ll reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, W3ll will have no responsibility or liability for information or Content posted to the Platform from any non- W3ll affiliated third party.

 

W3ll ‘s quotes are based on the information that consumers provide or you provide on behalf of consumers on our detailed questionnaires. However, these quotes could change based on additional or contradictory information that emerges during the final insurance underwriting process by the healthcare insurance carrier. Additionally, in the event a quote shows an incorrect price due to typographical error or error in pricing information received from our carriers, the correct quotation based on the healthcare insurance carrier- filed rates will control.

 

Insurance policy information and descriptions contained on the Platform are not intended to be complete descriptions of all applicable terms, exclusions, and conditions, but are provided solely for informational purposes. Please refer to the actual policy for complete details of coverage under a specific policy.

 

10.No Medical Advice.

The Platform, including, text, copy, audio, video, photographs, illustrations, graphics and other visuals, are for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. W3ll does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Platform. Reliance on any information appearing on the Platform, whether provided by W3ll, its content providers, insurance companies, its clients, visitors to the Platform or others, is solely at your own risk.

 

11.Platform Availability.

You acknowledge that the Internet is neither owned nor controlled by any one entity. As a result, W3ll cannot guarantee that you will be able to access W3ll ‘s server at any given time. W3ll represents that it will make commercially reasonable efforts to ensure that its server is available as widely as possible and with as little service interruption as possible. W3ll is not liable for any damages arising out of the unavailability of the Platform.

 

12.Platform Security.

W3ll has security measures in place that seek to mitigate risk and use commercially reasonable procedures and technologies to help protect the confidentiality of any PII collected through the Platform, in accordance with CMS requirements. However, no website can be absolutely protected against intentional or malicious intrusion attempts despite our precautions. Additionally, W3ll does not control the devices, computers, or network through which you access the Platform or over which you may choose to send PII or payment information to the Platform, and therefore cannot prevent potential interceptions or compromises to your information while in transit to the Platform. W3ll makes no guarantee as to the security, integrity, or confidentiality of any information transmitted to or from the Platform. W3ll cannot guarantee the security of electronic communications or transmissions made over the Internet.

 

13.Authority To Modify Platform and Services.

W3ll may upgrade, modify, change, or enhance the Platform to a new version of the Platform or revise the Terms at any time in its sole discretion, with or without notice. Any such revision or change will be binding after posting of the revised Terms or change to the Platform, or upon notification to you by e-mail, if any. By continuing to use the Platform after any revision to the Terms or change in the Platform, you agree to abide by and be bound by any such revisions or changes. If you do not agree to such revisions or changes, you may cancel your account by sending W3ll a notice, as set forth herein, stating that you would like to cancel your account. Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

 

14.Use of Data You Provide Through the Platform.

W3ll may use information you provide through your account (such as your name, National Producer Number, carrier appointment settings, etc.) to display advertisements from select partners within your account on the Agent Platform for which W3ll may receive compensation. In the event your account is terminated due to any violation of the Acceptable Use of the Platform, W3ll reserves the right to share your name, National Producer Number, and the fact that your account was terminated with any insurance carriers with whom you have indicated that you are appointed and with any insurance regulators with jurisdiction over your license(s). W3ll may also use and disclose to third parties de-identified, aggregated data from the Platform for reports, metrics, media releases, and any other uses permissible by law.

 

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 the Platform 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 Platform should be sent to the address above.

 

Disclaimer of Warranties.
ALL CONTENT, SERVICES AND MATERIALS ON THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. W3ll, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THE PLATFORM, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THE PLATFORM (COLLECTIVELY, “PLATFORM-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. W3ll AND THE PLATFORM-RELATED- PARTIES ASSOCIATED WITH THE PLATFORM MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE PLATFORM. WITHOUT LIMITING THE FOREGOING, THE PLATFORM-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 PLATFORM-RELATED-PARTIES ASSOCIATED WITH THE PLATFORM MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM 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 THE PLATFORM 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL W3ll OR ITS AFFILIATES OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF THE PLATFORM; (B) YOUR INABILITY TO USE OR ACCESS THE PLATFORM; (C) UNAUTHORIZED USE OF YOUR ACCOUNT CREDENTIALS; (D) ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE PLATFORM; (E) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE PLATFORM; (F) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES OR OTHER INACCURACIES IN THE PLATFORM; (G) ANY UNAUTHORIZED ACCESS TO, USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, PERSONALLY IDENTIFIABLE INFORMATION; (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (I) ANY EVENT BEYOND W3ll’S REASONABLE CONTROL. TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, W3ll’S MAXIMUM AGGREGATE LIABILITY IN RELATION TO ANY EVENT OR SERIES OF RELATED EVENTS WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100). IN NO EVENT WILL W3ll BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF W3ll HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, W3ll‘S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. YOU AGREE THAT YOU USE THE PLATFORM AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

 

Indemnification By User.

You agree to release, indemnify, defend and hold W3ll and its agents, employees, officers, directors, shareholders, contractors, affiliates and assigns harmless from all claims, damages, fines, penalties, costs, expenses (including reasonable attorneys’ fees), or any other liabilities relating to or arising out of (a) the breach of your representations, warranties and obligations under the Terms; (b) use of the Platform other than as permitted by the Terms by you or anyone using your Account Credentials, whether authorized by you or not; (c) infringement of any intellectual property or other proprietary right of any third party by you; (d) violation of W3ll ‘s policies or other operating rules or policies communicated to you by W3ll; (e) any information or data you supplied to W3ll; or (f) unauthorized access, use or disclosure of PII in your possession or control except to the extent directly caused by W3ll. The obligations set forth in this Section will survive any termination of User’s account or these Terms.

 

Termination.

W3ll reserves the right to modify or discontinue the Platform or your use of the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, upon reasonable notice to you. W3ll will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.

 

Effect of Account Termination.

In the event you wish to terminate your account, it is your sole responsibility to export your own client data prior to termination. If your account is terminated by W3ll due to behavior described in Section 3 above or a violation of W3ll’s policies, you will not have an opportunity to export client data from your account prior to it being deactivated.

 

GENERAL TERMS
Entire Agreement. The Terms, together with our additional policies, and any Order Form, constitute the entire agreement between you and W3ll relating to your use of the Platform, and supersede any previous agreements, understandings, representations and warranties (both oral and written) with respect to your use of the Platform.
Authority to be Bound. If you are an entity, organization, or company, the individual accepting the Terms on your behalf represents and warrants that he or she has authority to bind you to the Terms and you agree to be bound by the Terms.
Assignment. You may not assign or transfer the Terms or your rights under the Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice or consent.
No Waiver. The failure to require performance of any provision of the Terms will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of the Terms, or any provision of the Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of Headings. Use of section headers in the Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout the Terms the use of the word “including” means “including but not limited to.”
Severability. If any part of the Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Notices. Except as expressly provided otherwise herein, all notices to W3ll will be in writing (either paper or electronic format) and delivered either via email to info@W3ll.com, or via postal mail to W3ll, ATTN: W3ll Broker Assist, 1500 Stony Brook Road, Stony Brook, New York 11974.  All notices to you will be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to the Terms). You authorize us to contact you via telephone, at the number provided by you in your account information, e-mail or postal mail regarding information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, and other notices describing changes, upgrades, new products and services or other relevant matters.
Dispute Resolution and Arbitration. You agree that disputes arising under the Terms will be resolved by binding, individual arbitration, and by accepting the Terms, you and W3ll are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. Your rights will be determined by arbitrators instead of a judge or jury. Any arbitration between you and W3ll will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”). Notwithstanding the foregoing, nothing in the Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local governmental agency if that right of action is available; (b) seek injunctive relief in a court of law in aid of arbitration; or (c) to file suit in a court of law to address an intellectual property infringement claim.
Governing Law. The Terms are governed by the laws of the State of New York without regard to conflicts of law principles. You and W3ll agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Eastern or Southern Districts of New York for resolution of any lawsuit or court proceeding permitted under the Terms.
Exclusion of Third-Party Rights. Except as otherwise set forth in theTerms, the Terms are for the benefit of you and W3ll and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to the Terms is not subject to the consent of any third party.
Privacy Policy. Please read our Privacy Policy, above and found at W3ll.com for information relating to our collection, use, storage, and disclosure of personal information and payment information. The Privacy Notice is incorporated by this reference into, and made a part of, the Terms.
Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may communicate to you, including those set forth on any Order Form (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, the Terms.
Eligibility To Use The Platform.

The Platform is intended only for users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By agreeing to the Terms, you represent and warrant that: (a) you are at least 18 years old and reside in the United States or its territories; and (b) your use of the Platform complies with any and all applicable laws and regulations and you will use the Platform only as set forth in the Terms. If you do not meet these eligibility requirements, you must not access or use the Platform.

Survival of Terms.
Your obligations under the certain sections survive termination of the Terms, including sections 2,3,6,8,10,11, 17,18,19, and 22 of the Terms. 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.

Overview

The Terms of Use (“Terms”) describe the rules for using the Platform. The Terms constitute a legally binding agreement between you, the person utilizing (“User”) the Platform, and Welltheos LLC doing business as (D/B/A) W3ll. If you are assisting another person to use the Platform, in any capacity, the 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 the Platform, you also agree to the W3ll Privacy Policy also as posted on this Platform.

If you choose to purchase a health plan through one of the health care insurance companies accessible through the W3ll Platform or enter into any agreement with one of the health care companies, the Terms and Privacy Policy will continue to apply to your use of the Platform.

Nothing on, or related to, the W3ll Platform guarantees that you are eligible to receive coverage under any plan offered through this Platform or otherwise.

 

These Terms also apply to Brokers and Agents (“Broker -User”) utilizing the W3ll Platform, whether through the Broker-User’s own account on the Platform, or through the account of an agency with which the Broker-User is affiliated. By accessing or using the Platform, you accept and agree to be bound and abide by the Terms as well as any policies, addenda or other documents incorporated herein by reference. If you do not want to agree to the Terms, you must not access or use the Platform.

Accurate Information.

You agree to provide certain true, current, complete and accurate information about you as required by law, and to maintain and update such information as needed to keep it current, complete and accurate. You agree that, to the best of your knowledge, all information you submit through the Platform and to Healthcare.gov is accurate and complete.

 

You are solely responsible for any credit card or bank account information you provide to W3ll and must promptly inform W3ll of any changes thereto (e.g., change of expiration date or account number). We are not responsible for any consequences resulting from your failure to provide notice or for your providing outdated, incomplete, or inaccurate information.

 

Payment Obligations.

For Broker-Users that purchase a license, fees are specified in the Order Form(s). W3ll will invoice Broker-User monthly for all fees. Broker-User will pay all invoiced amounts within thirty (30) days of the date of such invoice. All monies, payments, or other fees associated with the W3ll Platform are set forth and are to be paid in US Dollars, and all payments will be made via a bank check, Broker- User’s business check, or ACH to a U.S. bank account designated by W3ll. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Broker-User will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment hereunder be subject to withholding tax by any government, Broker-User will reimburse W3ll for such withholding tax.

 

Broker-User Creation and Use of Account.

In order to access or use the Platform, Broker-User will be required to establish an account and obtain a login name and password (“Account Credentials”). By entering transactions via your Broker-User W3ll Account Credentials, you authorize W3ll to process any account transactions initiated through your account and you accept responsibility for all activities that occur under your account. Broker-User is solely responsible for maintaining the confidentiality of your Account Credentials. Broker-User must immediately notify W3ll of any unauthorized use of your Account Credentials, and you are responsible for any unauthorized activities resulting from the compromise of your Account Credentials. In no event will W3ll be liable for the unauthorized use or misuse of Broker-User account or Account Credentials.

 

Broker-User is prohibited from violating or attempting to violate the security of the Platform, including, (a) accessing data not intended for Broker-User or logging onto a server or an account which the Broker-User is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.

 

Broker-User agrees not to share or disclose your Account Credentials to any third- party. Broker-User agrees that you are fully responsible for all activity occurring under your user ID. To the extent that Broker-User grants another party access to your account by sharing your Account Credentials, you are responsible for any activities undertaken by such third -party through the use of your account. Broker-User is responsible for any access to or use of the Platform by Broker-User or any person or entity using your Account Credentials, whether or not such access or use has been authorized by User, and whether or not such person or entity is an employee or agent of Broker-User.

 

Violations of system or network security may result in civil or criminal liability. W3ll will fully investigate all occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or action to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.

 

W3ll has the right, in its sole discretion, to deactivate a Broker-User’s account or reset a Broker-User’s Account Credentials if it reasonably determines that suspicious activity or misuse of the account has occurred.

 

Links
While visiting the Platform, you may click on a link to other websites and leave the Platform. 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, access and use the Platform for the purpose of gathering information regarding health plans offered by health care companies accessible through the  Platform and related activities such as, if permitted on this Platform, applying for a plan.

 

If you are a Broker- User, you may utilize the Platform under a limited, non-exclusive, non-assignable, non-transferable license to access and use the Platform only for the permitted purposes according to the terms expressly set forth herein. Any other commercial use or exploitation of the Platform or any content, code, information, data or other materials transmitted through the Platform is strictly prohibited. A Broker-User may be licensed to utilize the Platform by signing up for a broker account and adhering to these Terms during all use. Licenses commence when we make the Platform available to Broker-User and continue for the term specified until canceled. Unless otherwise set forth in an order form entered into between Broker-User and W3ll (each, an “Order Form”), each license is for a single Broker-User for a specified term and is personal to that Broker-User. W3ll may provide specific services in association with these Terms as described more completely in an Order Form.

All rights, title and interest in and to the Platform, including the content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights therein remain with W3ll and our licensors and vendors, and no ownership interest is transferred or assigned to you or any other entity by virtue of making the content available on the Platform, granting the foregoing licenses or using the Platform. You may not use any trademark, trade name, service mark, icon, logo or other indicator of W3ll without prior written permission of W3ll for each instance of use. All rights not expressly granted to User or Broker- User hereunder are reserved to W3ll or its affiliates.

 

The trademarks and/or logos of third-parties may be displayed on the W3ll Platform and are used pursuant to license with those third-parties.

 

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.
Acceptable Use of The Platform

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree to be bound by the applicable provisions of the W3ll Acceptable Use Policy, delineated below, and incorporated as part of the Terms. You agree to conduct your activities in a manner which complies with all applicable federal and state laws, conforms to the highest standards of ethics, and maintains the good business reputation of W3ll and its other customers; additionally, you agree to utilize the Platform as follows:

to use this Platform or its content only as permitted by these Terms or the content of the Platform;
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, you may not delete any legal notices or disclaimers, including 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 Platform;
to not take any action intended to interfere with the operation of this Platform;
only access or attempt to access the portions of this Platform to which you have been explicitly granted access; To not attempt interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform or otherwise attempt to interfere with the proper working of the Platform;
to comply with all applicable laws and regulations while using the Platform, including: federal and state laws governing the sale and marketing of insurance policies and governing licensure of insurance agents; the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Gramm-Leach-Bliley Act (GLBA) and all other applicable federal and state laws governing PII; the Telephone Consumer Protection Act (TCPA) as applicable; the Patient Protection and Affordable Care Act (PPACA); and, Computer Fraud and Abuse Act of 1986 and Title 18 U.S.C. Sec.1001 and 1030 which prohibits unauthorized attempts to upload information and/or change information on the Platform.
to not Engage in false advertising or in any fraudulent or deceptive business practice;
to not post, distribute, transmit or otherwise make available any data, medium or information 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 same;
to not post, distribute, or otherwise make available or transmit any data, text, medium or information that (a) infringes any right of a third party under any U.S. or international law, including copyright, patent, trademark, trade secret or other proprietary right; or (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;
to not post, distribute or otherwise make available or transmit any software or files that contain a virus or other harmful component;
to not utilize the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform.
To not utilize any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform, iFraming and deep-linking are strictly prohibited;
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;
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.

 

Personally Identifiable Information.

Both User and Broker User will ensure that: PII collected or transmitted through the Platform is obtained with proper consent and authority; implement appropriate safeguards to protect all PII; and, will comply with all applicable federal and state law governing the use and disclosure of PII. User, or Broker-User, will be responsible for any unauthorized use or disclosure of PII in its’ possession, control or that resides in User or Broker-User accounts on the Platform, except to the extent that such unauthorized use or disclosure of PII was directly caused by W3ll (and provided that User or Broker-User holds proper consent and authority to collect or transmit such PII through the Platform), and will notify affected individuals of such unauthorized use or disclosure in accordance with applicable law at User’s sole cost and expense. User, or Broker-User, will be solely responsible for unauthorized use or disclosure of PII resulting from a compromise of Account Credentials. User, or Broker-User, will indemnify, defend, and hold W3ll and its employees, agents, officers, and directors harmless from and against any claims, damages, fines, penalties, costs, expenses (including reasonable attorneys’ fees) or other liabilities arising out of or related to an unauthorized use or disclosure of PII resulting from (i) Account Credentials, (ii) failure to implement reasonable safeguards to protect the confidentiality of PII in its possession, and (iii) any other cause not directly attributable to W3ll.

 

Usage Monitoring and Auditing.

W3ll monitors network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage to the Platform, and use of HealthCare.gov constitutes consent to such monitoring and auditing.

 

Accuracy of Content and Quotes.

W3ll makes no representations, warranties, or guarantees as to the correctness or accuracy of the Platform. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform W3ll so that it can be corrected. W3ll reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, W3ll will have no responsibility or liability for information or Content posted to the Platform from any non- W3ll affiliated third party.

 

W3ll ‘s quotes are based on the information that consumers provide or you provide on behalf of consumers on our detailed questionnaires. However, these quotes could change based on additional or contradictory information that emerges during the final insurance underwriting process by the healthcare insurance carrier. Additionally, in the event a quote shows an incorrect price due to typographical error or error in pricing information received from our carriers, the correct quotation based on the healthcare insurance carrier- filed rates will control.

 

Insurance policy information and descriptions contained on the Platform are not intended to be complete descriptions of all applicable terms, exclusions, and conditions, but are provided solely for informational purposes. Please refer to the actual policy for complete details of coverage under a specific policy.

 

No Medical Advice.

The Platform, including, text, copy, audio, video, photographs, illustrations, graphics and other visuals, are for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. W3ll does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Platform. Reliance on any information appearing on the Platform, whether provided by W3ll, its content providers, insurance companies, its clients, visitors to the Platform or others, is solely at your own risk.

 

Platform Availability.

You acknowledge that the Internet is neither owned nor controlled by any one entity. As a result, W3ll cannot guarantee that you will be able to access W3ll ‘s server at any given time. W3ll represents that it will make commercially reasonable efforts to ensure that its server is available as widely as possible and with as little service interruption as possible. W3ll is not liable for any damages arising out of the unavailability of the Platform.

 

Platform Security.

W3ll has security measures in place that seek to mitigate risk and use commercially reasonable procedures and technologies to help protect the confidentiality of any PII collected through the Platform, in accordance with CMS requirements. However, no website can be absolutely protected against intentional or malicious intrusion attempts despite our precautions. Additionally, W3ll does not control the devices, computers, or network through which you access the Platform or over which you may choose to send PII or payment information to the Platform, and therefore cannot prevent potential interceptions or compromises to your information while in transit to the Platform. W3ll makes no guarantee as to the security, integrity, or confidentiality of any information transmitted to or from the Platform. W3ll cannot guarantee the security of electronic communications or transmissions made over the Internet.

 

Authority To Modify Platform and Services.

W3ll may upgrade, modify, change, or enhance the Platform to a new version of the Platform or revise the Terms at any time in its sole discretion, with or without notice. Any such revision or change will be binding after posting of the revised Terms or change to the Platform, or upon notification to you by e-mail, if any. By continuing to use the Platform after any revision to the Terms or change in the Platform, you agree to abide by and be bound by any such revisions or changes. If you do not agree to such revisions or changes, you may cancel your account by sending W3ll a notice, as set forth herein, stating that you would like to cancel your account. Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

 

Use of Data You Provide Through the Platform.

W3ll may use information you provide through your account (such as your name, National Producer Number, carrier appointment settings, etc.) to display advertisements from select partners within your account on the Agent Platform for which W3ll may receive compensation. In the event your account is terminated due to any violation of the Acceptable Use of the Platform, W3ll reserves the right to share your name, National Producer Number, and the fact that your account was terminated with any insurance carriers with whom you have indicated that you are appointed and with any insurance regulators with jurisdiction over your license(s). W3ll may also use and disclose to third parties de-identified, aggregated data from the Platform for reports, metrics, media releases, and any other uses permissible by law.

 

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 the Platform 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 Platform should be sent to the address above.

 

Disclaimer of Warranties.
ALL CONTENT, SERVICES AND MATERIALS ON THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. W3ll, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THE PLATFORM, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THE PLATFORM (COLLECTIVELY, “PLATFORM-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. W3ll AND THE PLATFORM-RELATED- PARTIES ASSOCIATED WITH THE PLATFORM MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE PLATFORM. WITHOUT LIMITING THE FOREGOING, THE PLATFORM-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 PLATFORM-RELATED-PARTIES ASSOCIATED WITH THE PLATFORM MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM 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 THE PLATFORM 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL W3ll OR ITS AFFILIATES OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF THE PLATFORM; (B) YOUR INABILITY TO USE OR ACCESS THE PLATFORM; (C) UNAUTHORIZED USE OF YOUR ACCOUNT CREDENTIALS; (D) ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE PLATFORM; (E) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE PLATFORM; (F) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES OR OTHER INACCURACIES IN THE PLATFORM; (G) ANY UNAUTHORIZED ACCESS TO, USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, PERSONALLY IDENTIFIABLE INFORMATION; (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (I) ANY EVENT BEYOND W3ll’S REASONABLE CONTROL. TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, W3ll’S MAXIMUM AGGREGATE LIABILITY IN RELATION TO ANY EVENT OR SERIES OF RELATED EVENTS WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100). IN NO EVENT WILL W3ll BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF W3ll HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, W3ll‘S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. YOU AGREE THAT YOU USE THE PLATFORM AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

 

Indemnification By User.

You agree to release, indemnify, defend and hold W3ll and its agents, employees, officers, directors, shareholders, contractors, affiliates and assigns harmless from all claims, damages, fines, penalties, costs, expenses (including reasonable attorneys’ fees), or any other liabilities relating to or arising out of (a) the breach of your representations, warranties and obligations under the Terms; (b) use of the Platform other than as permitted by the Terms by you or anyone using your Account Credentials, whether authorized by you or not; (c) infringement of any intellectual property or other proprietary right of any third party by you; (d) violation of W3ll ‘s policies or other operating rules or policies communicated to you by W3ll; (e) any information or data you supplied to W3ll; or (f) unauthorized access, use or disclosure of PII in your possession or control except to the extent directly caused by W3ll. The obligations set forth in this Section will survive any termination of User’s account or these Terms.

 

Termination.

W3ll reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, upon reasonable notice to you. W3ll will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.

 

Effect of Account Termination.

In the event you wish to terminate your account, it is your sole responsibility to export your own client data prior to termination. If your account is terminated by W3ll due to behavior described in Section 3 above or a violation of W3ll’s policies, you will not have an opportunity to export client data from your account prior to it being deactivated.

 

GENERAL TERMS
Entire Agreement. The Terms, together with our additional policies, and any Order Form, constitute the entire agreement between you and W3ll relating to your use of the Platform, and supersede any previous agreements, understandings, representations and warranties (both oral and written) with respect to your use of the Platform.
Authority to be Bound. If you are an entity, organization, or company, the individual accepting the Terms on your behalf represents and warrants that he or she has authority to bind you to the Terms and you agree to be bound by the Terms.
Assignment. You may not assign or transfer the Terms or your rights under the Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice or consent.
No Waiver. The failure to require performance of any provision of the Terms will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of the Terms, or any provision of the Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of Headings. Use of section headers in the Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout the Terms the use of the word “including” means “including but not limited to.”
Severability. If any part of the Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Notices. Except as expressly provided otherwise herein, all notices to W3ll will be in writing (either paper or electronic format) and delivered either via email to info@W3ll.com, or via postal mail to W3ll, ATTN: W3ll Broker Assist, 1500 Stony Brook Road, Stony Brook, New York 11974.  All notices to you will be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to the Terms). You authorize us to contact you via telephone, at the number provided by you in your account information, e-mail or postal mail regarding information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, and other notices describing changes, upgrades, new products and services or other relevant matters.
Dispute Resolution and Arbitration. You agree that disputes arising under the Terms will be resolved by binding, individual arbitration, and by accepting the Terms, you and W3ll are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. Your rights will be determined by arbitrators instead of a judge or jury. Any arbitration between you and W3ll will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”). Notwithstanding the foregoing, nothing in the Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local governmental agency if that right of action is available; (b) seek injunctive relief in a court of law in aid of arbitration; or (c) to file suit in a court of law to address an intellectual property infringement claim.
Governing Law. The Terms are governed by the laws of the State of New York without regard to conflicts of law principles. You and W3ll agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Eastern or Southern Districts of New York for resolution of any lawsuit or court proceeding permitted under the Terms.
Exclusion of Third-Party Rights. Except as otherwise set forth in theTerms, the Terms are for the benefit of you and W3ll and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to the Terms is not subject to the consent of any third party.
Privacy Policy. Please read our Privacy Policy, above and found at W3ll.com for information relating to our collection, use, storage, and disclosure of personal information and payment information. The Privacy Notice is incorporated by this reference into, and made a part of, the Terms.
Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may communicate to you, including those set forth on any Order Form (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, the Terms.
Eligibility To Use The Platform.

The Platform is intended only for users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By agreeing to the Terms, you represent and warrant that: (a) you are at least 18 years old and reside in the United States or its territories; and (b) your use of the Platform complies with any and all applicable laws and regulations and you will use the Platform only as set forth in the Terms. If you do not meet these eligibility requirements, you must not access or use the Platform.

Survival of Terms.
Your obligations under the certain sections survive termination of the Terms, including sections 2,3,6,8,10,11, 17,18,19, and 22 of the Terms. 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.

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

Language