Terms of Use

Last Modified: November 1st, 2021.

Thanks for using Get Covered Inc.’s (“Get Covered,” “we,” or “us”) website (GETCOVERED.IO), mobile application, and our products and services (together, the “Services”). By clicking to accept these terms, you signify that you have read, understood, and agree to be bound by this Terms of Service (“Agreement”) and to the collection and use of your information as set forth in the Get Covered Privacy Notice.

If you are accessing the Services on behalf of your company, you represent and warranty that you have authority to bind your company to this Agreement. Get Covered reserves the right to make unilateral modifications to this Agreement and will provide notice of these changes as described below.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Eligibility. This is a contract between you and Get Covered. You must read and agree to this Agreement before using the Services. You may use the Services only if you can form a binding contract with Get Covered and only in compliance with this Agreement and all applicable laws. Any use or access by anyone under 13 is strictly prohibited.

Access to the Services. Subject to this Agreement, you are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal use only and as permitted by the features of the Services. Get Covered reserves all rights not expressly granted.

To use the App you must have a compatible mobile device. Get Covered does not warrant that the App will be compatible with your mobile device. You may incur mobile data charges and are solely responsible for those charges.

You may not modify, disassemble, decompile or reverse engineer the App; rent, lease, loan, resell, sublicense, distribute or transfer it; make copies; interfere with security-related features; or delete copyright and proprietary rights notices. Get Covered may issue automatic upgrades, and this Agreement applies to those upgrades.

In order to process your online transactions, you must create a user account. During registration you will establish a login name and password. Use of your account or User ID in an unauthorized manner is strictly prohibited.

Your Get Covered account gives you access to services and functionality that we may establish, revoke, modify, and maintain from time to time in our sole discretion.

You may never use another User’s account without permission. You must provide accurate and complete information, keep it up to date, and keep your password secure. You must notify Get Covered in writing immediately of any breach of security or unauthorized use of your account.

By providing Get Covered your email address, you consent to our using the email address to send Services-related notices, including notices required by law, in lieu of postal mail. We may also use your email address to send other messages, such as changes to features and special offers.

You agree not to copy, distribute, or disclose any part of the Services; use automated systems to access the Services; transmit spam or unsolicited email; interfere with or compromise system integrity or security; impose unreasonable load; upload invalid data, viruses, worms, or other software agents; collect personally identifiable information; use the Services for commercial solicitation; impersonate others; interfere with the Services; access content through unauthorized means; or bypass access restrictions.

We may change the Services, stop providing the Services or features, create usage limits, or permanently or temporarily terminate or suspend your access without notice and liability for any reason, including if we determine you violated this Agreement.

You are solely responsible for your interactions with other Get Covered Users. We reserve the right, but have no obligation, to monitor disputes between Users.

By disclosing or providing access to any information, content, data, or materials (“User Data”) on or through the Services, you grant Get Covered a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, and modify such User Data for the Services and Get Covered’s lawful business use.

Except for your User Data, the Services and all materials therein or transferred thereby, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, and videos, and all related Intellectual Property Rights, are the exclusive property of Get Covered and its licensors.

If you submit comments or ideas about the Services, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that Get Covered may use the Idea without additional compensation or confidentiality obligation.

We care about the privacy of our Users. By using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Notice, and to have your information collected, used, transferred to and processed in the United States.

Get Covered uses commercially reasonable physical, managerial, and technical safeguards designed to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never defeat our security measures or use your personal information for improper purposes.

The Services may contain links to third-party materials that are not owned or controlled by Get Covered. Get Covered does not endorse or assume responsibility for third-party sites, information, materials, products, or services. If you access third-party websites or services, you do so at your own risk.

We use Stripe to process your payments. When you make payments through the Services, such use will be subject to Stripe’s Terms of Use.

You agree to defend, indemnify and hold harmless Get Covered and its subsidiaries, agents, licensors, managers, affiliated companies, employees, contractors, agents, officers and directors from and against claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of and access to the Services, violation of this Agreement, violation of third-party rights or law, User Data submitted through your account, willful misconduct, or another party’s access and use of the Services with your credentials.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

GET COVERED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GET COVERED AND ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL GET COVERED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO GET COVERED HEREUNDER OR $100.00, WHICHEVER IS GREATER.

This Agreement shall be governed by the internal substantive laws of the State of California, without respect to conflict of laws principles. Any arbitration conducted under this Agreement shall be governed by the Federal Arbitration Act.

For any dispute with Get Covered, you agree to first contact us at legal@getcovered.io and attempt to resolve the dispute informally. If a dispute is not resolved after sixty days, claims will be resolved by binding arbitration by JAMS under its Optional Expedited Arbitration Procedures, except as provided in the Agreement.

WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AND GET COVERED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

Communications. You consent to receive communications from us, including email, text messages, calls, and push notifications. Standard message and data rates may apply. You may opt out by following unsubscribe procedures or emailing info@getcovered.io, and acknowledge that opting out may impact your use of the Services.

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Get Covered without restriction.

Notification Procedures and Changes to the Agreement. Get Covered may provide notifications via email, written or hard copy notice, or through posting on our website. Get Covered may modify or update this Agreement from time to time, and your continued use of the Services after any change constitutes acceptance.

Entire Agreement/Severability. This Agreement, with any amendments and additional agreements, constitutes the entire agreement between you and Get Covered concerning the Services. If any provision is deemed invalid, the remaining provisions remain in full force and effect, except as stated for the Class Action/Jury Trial Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver, and Get Covered’s failure to assert any right or provision shall not constitute a waiver.

The provider of the Services is Get Covered Inc., 270 Lafayette St, New York, NY 10012, telephone 917-300-8200, email info@getcovered.io. California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.